YELLOWBACK v. CITY OF SIOUX FALLS

No. 20719.

600 N.W.2d 554 (1999)

1999 SD 114

Amos YELLOWBACK, Jr., Special Administrator of the Estate of Brian Yellowback, Deceased. Plaintiff and Appellant, v. CITY OF SIOUX FALLS and Dave Dunteman, in His Capacity as a Police Officer and Individually, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 25, 1999.


Attorney(s) appearing for the Case

Scott D. McGregor and Kenneth R. Dewell of Viken, Viken, Pechota, Leach & Dewell, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Gary P. Thimsen and Tim R. Shattuck of Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendants and appellees.


FITZGERALD, Circuit Judge.

[¶ 1.] Amos Yellowback, Special Administrator of the estate of Brian Yellowback, appeals both the final judgment of the circuit court granting a directed verdict in favor of City of Sioux Falls and Police Officer Dave Dunteman, and the subsequent order denying motion for new trial in this case, which is brought under 42 U.S.C. § 1983 and alleges use of excessive force. Yellowback argues that the court erred in finding that Dunteman...

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