JOHNSTON v. CITY OF BLOOMINGTON

No. 97-4396.

170 F.3d 825 (1999)

Jeffery Lee JOHNSTON; Hannah Johnston; Gordon Johnston; Dave Brown; Jenny Brown; Plaintiffs/Appellees, v. CITY OF BLOOMINGTON; Steven C. Martin, Police Officer; M. Sherman, Officer; Defendants/Appellants, John Doe, officers with badge numbers 131, 105, 115, and 142; Exel Inn; John Doe, personally and in his capacity as employee/agent of Exel Inn; Jane Doe, personally and in her capacity as employee/agent of Exel Inn; Midwest Patrol; John Doe, agents/employees of Midwest Patrol; Defendants, Terry Johnson; Thomas Plant, Police Officer; Defendants/Appellants, Michelle Felipe, personally and in her capacity as employee/agent of Exel Inn; Dale Bartosh, personally and in his capacity as employee/agent of Exel Inn; Felix McGovern, personally and in his capacity as employee/agent of Exel Inn; Matt Yunker, agent/employee of Midwest Patrol; Ryan Franzen, as agent/employee of Midwest Patrol; Mike Eichholz, as agent/employee of Midwest Patrol; Defendants.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1999.


Attorney(s) appearing for the Case

Jesse Gant, III, Minneapolis, MN, argued, for Plaintiffs/Appellees.

James R. Andreen, Minneapolis, MN, argued (Jon K. Iverson, on the brief), for Defendants/Appellants.

Before BEAM, MAGILL, MORRIS SHEPPARD ARNOLD, Circuit Judges.


PER CURIAM.

The City of Bloomington and Bloomington police officers Steven C. Martin, Michael Sherman, Terry Johnson, and Thomas Plant appeal the district court's denial of their motion for summary judgment. We affirm.

This action involves an altercation at the Excel Inn in Bloomington, Minnesota. In the early morning hours of January 20, 1996, members of Jeffery Johnston's family were evicted from the Exel Inn for loud behavior. An argument followed and eventually...

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