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NGO v. STORLIE

No. 06-2771.

495 F.3d 597 (2007)

Duy NGO, Plaintiff-Appellee, v. Charles STORLIE, in his individual capacity as an officer of the Minneapolis Police Department, Defendant-Appellant, John Doe, in his supervisory capacity as ranking Minneapolis Police Officer; Richard Roe, in his supervisory capacity as ranking Minneapolis Police Officer; City of Minneapolis, Minnesota, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: July 26, 2007.

Rehearing and Rehearing Denied August 31, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Pierre N. Regnier of Lake Elmo, Minnesota. Also appearing on the brief were Joseph E. Flynn and Susan S. Tice.

Counsel who presented argument on behalf of the appellee was Robert Bennett of Minneapolis, Minnesota. Also appearing on the brief were Eric Hageman and Andrew Noel.

Before WOLLMAN and MELLOY, Circuit Judges, and NANGLE, District Judge.

Rehearing and Rehearing En Banc Denied August 31, 2007.

MELLOY, Circuit Judge.

Former Minneapolis Police Officer Duy Ngo brought this action under 42 U.S.C. § 1983 against Charles Storlie, an officer with the Minneapolis Police Department ("MPD"), as well as the City of Minneapolis and two unnamed MPD supervisors (collectively, "the City"). Ngo alleged that Storlie used excessive force in violation of Ngo's Fourth Amendment rights during an incident in...

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