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RAU v. ROBERTS

No. 10-1476.

640 F.3d 324 (2011)

Randy Philip RAU, Appellant, v. Michael David ROBERTS and City of Minneapolis, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 19, 2011.

Attorney(s) appearing for the Case

Paul Applebaum , argued, Scott William Swanson , on the brief, St. Paul, MN, for appellant.

Gregory P. Sautter , argued, Sara Jeanne Lathrop and C. Lynne Fundingsland , on the brief, Minneapolis, MN, for appellees.

Before SMITH, BEAM and BENTON, Circuit Judges.

SMITH, Circuit Judge.

Randy Rau sued Michael Roberts and the City of Minneapolis ("City") for injuries Rau sustained in an assault that Roberts—an off-duty City police officer—allegedly committed. Rau's complaint against Roberts alleged excessive force pursuant to 42 U.S.C. § 1983 and assault and battery under Minnesota law. The complaint also alleged that the City was vicariously liable for the assault and battery under Minnesota law. The district...

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