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BURNIKEL v. FONG

No. 16-3930.

886 F.3d 706 (2018)

Dustin BURNIKEL, Plaintiff-Appellee v. Michael FONG, individually and in his official capacity as a law enforcement officer with the Des Moines Police Department; Greg Wessels, individually and in his official capacity as a law enforcement officer with the Des Moines Police Department, Defendants-Appellants City of Des Moines, Iowa, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: April 2, 2018.

Attorney(s) appearing for the Case

Javad Mohammed Khazaeli , Attorney, James R. Wyrsch , Khazaeli & Wyrsch, Saint Louis, MO, Justin K. Swaim , Swaim Law Firm, PLLC, West Des Moines, IA, for Plaintiff-Appellee.

John O. Haraldson , City Attorney's office Legal Department, Des Moines, IA, for Defendants-Appellants.

Before WOLLMAN, BEAM, and SHEPHERD, Circuit Judges.

Dustin Burnikel sued Officers Michael Fong and Greg Wessels and the City of Des Moines, Iowa, alleging federal claims of excessive force and municipal liability under 42 U.S.C. § 1983 and state tort claims under Iowa law. As relevant here, the district court1 denied the officers' motion for...

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