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JANIS v. BIESHEUVEL

No. 05-1660.

428 F.3d 795 (2005)

Virginia JANIS, as Personal Representative for the Estate of Oliver Richards, Plaintiff-Appellant, v. Jim BIESHEUVEL, individually and in his official capacity as Deputy Sheriff of the Custer County Sheriff's Office, Custer County, State of South Dakota; State of South Dakota; South Dakota Highway Patrol, a political subdivision of the State of South Dakota, as employer of Trooper Garstenshlager; Trooper Ted Garstenshlager, individually and in his official capacity of the South Dakota Highway Patrol; Custer County, South Dakota, as employer of Deputy Biesheuvel and as a political subdivision of the State of South Dakota; Custer County Sheriff's Department, as employer of Jim Biesheuvel, and as a political subdivision of Custer County; John Doe One through Three, jointly, severally, and individually, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 25, 2005.

Attorney(s) appearing for the Case

Robin L. Zephier, argued, Rapid City, South Dakota, for appellant.

Neil K. Fulton, argued, Pierre, South Dakota, for appellees John Doe, Trooper Ted Garstenshlager, South Dakota Highway Patrol, and the State of South Dakota.

Donald P. Knudsen, argued, Rapid, City, South Dakota (James S. Nelson on the brief), for appellees Custer County, South Dakota, Custer County Sheriff's Department and Jim Biesheuvel.

Before MELLOY, BEAM, and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

Oliver Richards brought this action alleging that law enforcement used excessive force in their arrest of Richards near Custer, South Dakota. The district court1 granted summary judgment in favor of the defendants. It held that Richards had not produced sufficient evidence to demonstrate that his Fourth Amendment rights had been violated, and that the officers were entitled to qualified immunity. Virginia Janis,...

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