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FARRINGTON v. SMITH

No. 11-3777.

707 F.3d 963 (2013)

Brian FARRINGTON, Plaintiff-Appellant v. Officer Steven SMITH; Officer Nicole Sipes; and Officer James Storey, Defendants-Appellees City of St. Paul; Sgt. James Falkowski; St. Paul City Attorney's Office; and Officer Jason Neubrand, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: February 22, 2013.

Attorney(s) appearing for the Case

Jill Eleanor Clark , Golden Valley, MN, for appellant.

Lawrence J. Hayes , Saint Paul, MN, for appellee.

Before LOKEN, SMITH, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

Brian Farrington brought a claim under 42 U.S.C. § 1983 for, inter alia, excessive force against Officer Steven Todd Smith, Officer James Storey, and Officer Nicole Sipes of the St. Paul, Minnesota Police Department. Farrington alleged that Officer Smith used excessive force against him and that Officers Storey and Sipes failed to intervene or protect Farrington from Officer Smith's use of excessive force. The district court

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