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SAMUELSON v. CITY OF NEW ULM

No. 04-3332.

455 F.3d 871 (2006)

Tracy Allen SAMUELSON, Plaintiff-Appellant, v. CITY OF NEW ULM; Officers Jeremey Brennan; Andrew Leif; Jerry Losinski, New Ulm Police officers, personally, and in their official capacities as New Ulm police officers, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 20, 2006.

Attorney(s) appearing for the Case

Phillip F. Fishman, argued, Minneapolis, MN (Gregory S. Bachmeier, on the brief), for appellant.

Joseph E. Flynn, argued, Lake Elmo, MN (Susan S. Tice, on the brief), for appellee.

Before WOLLMAN, BRIGHT, and BYE, Circuit Judges.

BYE, Circuit Judge.

Tracy Allen Samuelson called the police to report intruders breaking into his garage. He went outside, where police officers took him for an intruder, and he was apprehended. Because of his behavior, the officers transported him to a medical facility, and a physician authorized a seventy-two-hour hold. He sued the individual police officers and the City of New Ulm under 42 U.S.C. § 1983 and Minnesota law, alleging, inter alia, excessive...

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