MONTOYA v. CITY OF FLANDREAU

No. 11-1787.

669 F.3d 867 (2012)

Shaylene MONTOYA, Plaintiff-Appellant, v. CITY OF FLANDREAU; Ken James; Justin Hooper; Scott Gaalswyk, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2012.


Attorney(s) appearing for the Case

Cynthia J. Ahrendt , argued, Rick L. Ramstad , on the brief, Sioux Falls, SD, for appellant.

Gary P. Thimsen , argued, Cheri S. Raymond , on the brief, Sioux Falls, SD, for appellee.

Before MURPHY, BYE, and SMITH, Circuit Judges.


BYE, Circuit Judge.

Shaylene Montoya brought an action under 42 U.S.C. § 1983 against two Flandreau police officers, the chief of police, and the City of Flandreau, alleging, among other claims, the officers used excessive force against her in violation of the Fourth and Fourteenth Amendments. The district court granted summary judgment in favor of the defendants on all claims, holding the officers did not violate Montoya's constitutional right and were therefore...

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