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HABIGER v. CITY OF FARGO

No. 95-1574.

80 F.3d 289 (1996)

David HABIGER, Plaintiff-Appellant, v. CITY OF FARGO; Ann Alzheimer, in her official capacity and as an individual; Mike Kjera, in his official capacity and as an individual; Scott Stenerson, in his official capacity and as an individual; Don Lawyer, in his official capacity and as an individual; Mark Lykken, in his official capacity and as an individual, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1996.

Attorney(s) appearing for the Case

Thomas W. Strahan, Minneapolis, MN, argued (Richard D. Varriano, on brief), for appellant.

Mike Miller, Fargo, ND, argued, for appellee.

Before WHITE, Associate Justice (Ret.), McMILLIAN and LOKEN, Circuit Judges.

WHITE, Associate Justice (Ret.).

I. INTRODUCTION

Plaintiff-Appellant David A. Habiger ("Habiger") appeals from the district court's entry of partial summary judgment and a jury verdict against him in his Section 1983 action brought in the wake of his arrest for violating a temporary restraining order ("TRO"). The district court rejected his unlawful arrest claim, ruling for the police officers on qualified immunity grounds and dismissing the claim...

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