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RAHN v. HAWKINS

No. 05-3329.

464 F.3d 813 (2006)

Jeffrey C. RAHN, Appellant, v. Vickie HAWKINS; Craig Jansen; Gerald Fitzgerald, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 22, 2006.

Attorney(s) appearing for the Case

Carter Collins Law, argued, Schriener Law, Clayton, MO, for Appellant.

Peter J. Dunne, Rabbitt & Pitzer, argued, St. Louis, MO, for Appellees.

Before LOKEN, Chief Judge, ARNOLD, Circuit Judge, and DOTY, District Judge.

ARNOLD, Circuit Judge.

Hazelwood, Missouri, police officers shot and maced Jeffrey Rahn several times while trying to arrest him for a bank robbery. Mr. Rahn sued the officers under 42 U.S.C. § 1983, claiming that their use of force violated the fourth amendment because he was peacefully surrendering when shot. The district court determined that Officers Vickie Hawkins, Craig Jansen, and Gerald Fitzgerald were entitled to qualified immunity on the excessive-force...

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