KUHA v. CITY OF MINNETONKA

No. 02-1081.

328 F.3d 427 (2003)

Jeffrey M. KUHA, Plaintiff-Appellant, v. CITY OF MINNETONKA; William Roth; Kevin Anderson; Dennis Warosh; Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 8, 2003.


Attorney(s) appearing for the Case

Kay Nord Hunt, argued, Minneapolis, MN (Phillips A. Cole and Markus C. Yira, on the brief), appellant.

Jon K. Iverson, argued, Bloomington, MN (Paul D. Reuvers and Jason J. Kuboushek, on the brief), for appellee.

Before MURPHY, JOHN R. GIBSON, and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

After fleeing a routine traffic stop in the early morning hours, the plaintiff-appellant, Jeffrey M. Kuha, was tracked to a grassy field by two police officers and a police dog. The dog, trained to bite and hold until commanded to release, bit Kuha near his groin, severing his femoral artery. Pursuant to 42 U.S.C. § 1983, Kuha brought an excessive force claim against the City of Minnetonka and several officers1

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