FLEMING v. HARRIS

No. 94-1502.

39 F.3d 905 (1994)

Alan J. FLEMING, Appellant, v. Barry J. HARRIS, Serial 33096, Police Officer for the Kansas City, Missouri Police Department, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 15, 1994.

Rehearing Denied December 16, 1994.


Attorney(s) appearing for the Case

David Durbin, Kansas City, MO, argued, for appellant.

Dale Close, Kansas City, MO, argued (Kevin Phillips, on the brief), for appellee.

Before Richard S. ARNOLD, Chief Judge, WOLLMAN and BEAM, Circuit Judges.


BEAM, Circuit Judge.

Alan J. Fleming appeals from an adverse judgment in his 42 U.S.C. § 1983 action for damages for use of excessive force by a police officer. We affirm.

I. BACKGROUND

Fleming backed his vehicle out of a friend's driveway and bumped a parked car. He went to the door of a neighboring house to tell the presumed owner of the car what had happened. The owner became irate and called police to the scene. An altercation ensued and...

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