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WERTISH v. KRUEGER

No. 05-1031.

433 F.3d 1062 (2006)

Richard WERTISH, Plaintiff-Appellant, v. Norman D. KRUEGER, in his individual capacity, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 9, 2006.

Attorney(s) appearing for the Case

David L. Shulman, argued, Minneapolis, MN, for appellant.

Joseph E. Flynn, argued, Lake Elmo, MN, for appellee.

Before LOKEN, Chief Judge, BYE and SMITH, Circuit Judges.

LOKEN, Chief Judge.

Following a traffic arrest, Richard Wertish brought this damage action under 42 U.S.C. § 1983 against the arresting officer, Chief of Police Norman Krueger of Sacred Heart, Minnesota. Wertish alleged that he was arrested without cause and with the use of excessive force in violation of the Fourth Amendment. He also asserted pendent tort claims under Minnesota common law. The district court1 granted summary judgment...

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