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SMITH v. KANSAS CITY, MISSOURI POLICE DEPT.

No. 09-1484.

586 F.3d 576 (2009)

Wilson SMITH, Plaintiff-Appellee, v. KANSAS CITY, MISSOURI POLICE DEPARTMENT, Defendant, Officer Troy Taff; Officer Manuel Anchondo; Officer Lee Malek, Defendants-Appellants, Karl Zobrist, Board President, Board of Police Commissioners; Terry Brady, Board Vice President, Board of Police Commissioners; Mark Thompson, Board Treasurer, Board of Police Commissioners; Mark Funkhouser, Mayor, Board of Police Commissioners; James Wilson, Board of Police Commissioners, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: November 9, 2009.

Attorney(s) appearing for the Case

Virginia H. Murray, Asst. Atty. Gen., Kansas City, MO, argued (Chris Koster, Atty. Gen., Ryan Bertels, Asst. Atty. Gen., Jefferson City, MO, on the brief), for appellants.

Samuel M. Wendt, Wendt Goss, P.C., Kansas City, MO, argued (Peter E. Goss, Wendt Goss, P.C., Brian F. McCallister, Christopher J. Lawler, The McCallister Law Firm, P.C., Kansas City, MO, on the brief), for appellee.

Before MELLOY, GRUENDER, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Wilson J. Smith sued three officers and the Board of Police Commissioners under 42 U.S.C. § 1983 and state law. The district court1 granted summary judgment to the Board, but denied qualified immunity to the officers on Smith's claims of unlawful entry and excessive force. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

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