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EL-GHAZZAWY v. BERTHIAUME

No. 10-2058.

636 F.3d 452 (2011)

Karim G. EL-GHAZZAWY, Plaintiff-Appellee, v. Kay BERTHIAUME, acting in her individual capacity as an officer of the Bloomington Police Department, Defendant-Appellant, Michael David Wisniewski, and Pawn America, Minnesota, L.L.C., a Minnesota limited liability company, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: March 15, 2011.

Attorney(s) appearing for the Case

Jason Michael Hiveley , argued, Jon Kermit Iverson and Stephanie A. Angolkar , on the brief, Bloomington, MN, for appellant.

Robert Bennett , argued, Andrew J. Noel , Jeffrey S. Storms and Robert W. Vaccaro , on the brief, Minneapolis, MN, for appellee.

Before LOKEN, ARNOLD, and BYE, Circuit Judges.

BYE, Circuit Judge.

Karim El-Ghazzawy brought suit against Officer Kay Berthiaume under 42 U.S.C. § 1983 for violating his constitutional rights after Berthiaume arrested El-Ghazzawy due to his alleged sale of counterfeit watches to a pawn shop. The district court1 denied Berthiaume's motion for summary judgment, concluding she was not entitled to qualified immunity. Berthiaume contends the court erred because it was reasonable for...

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