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SZABLA v. CITY OF BROOKLYN PARK, MN.

No. 04-2538.

429 F.3d 1168 (2005)

Henry SZABLA, Plaintiff-Appellant, v. CITY OF BROOKLYN PARK, MINNESOTA, a Minnesota municipality; City of Crystal, Minnesota, a Minnesota municipality; Steven Baker, a canine officer of the City of Brooklyn Park, individually, and in his official capacity as a Police Officer of the City of Brooklyn Park; Officer Justin Tourville; Sgt. Stephen Holm, individually, and in their official capacities as Police Officers of the City of Crystal, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 1, 2005.

Attorney(s) appearing for the Case

Boris Parker, argued, Minneapolis, MN (Timothy R. Maher, on this brief), for appellant.

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

Joseph E. Flynn, argued, Lake Elmo, MN (Susan Steffen Tice, on the brief), for appellee City of Crystal, Officer Tourville, and Sgt. Holm.

Before WOLLMAN, JOHN R. GIBSON, and COLLOTON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Henry Szabla appeals from the district court's entry of summary judgment against him in his 42 U.S.C. § 1983 (2000) civil rights suit against the City of Brooklyn Park, Minnesota; a Brooklyn Park police officer, Steven Baker; the City of Crystal, Minnesota; and two Crystal police officers, Justin Tourville and Stephen Holm. Szabla, who was homeless, was sleeping in a city park in Crystal when he was attacked by a police dog. He...

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