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BIRKELAND AS TRUSTEE FOR BIRKELAND v. JORGENSEN

Nos. 19-2086, 19-2172.

971 F.3d 787 (2020)

Dean BIRKELAND, AS TRUSTEE FOR the next of kin of John O. BIRKELAND, Plaintiff-Appellee v. John Edward JORGENSEN, individually and acting in their official capacities as City of Roseville Police Officers; Kyle Eckert, individually and acting in their official capacities as City of Roseville Police Officers; City of Roseville, Defendants-Appellants Joseph Robert Adams, individually and acting in their official capacities as City of Roseville Police Officers, Defendant Dean Birkeland, as Trustee for the next of kin of John O. Birkeland, Plaintiff-Appellant v. John Edward Jorgensen, individually and acting in their official capacities as City of Roseville Police Officers; Kyle Eckert, individually and acting in their official capacities as City of Roseville Police Officers; City of Roseville; Joseph Robert Adams, individually and acting in their official capacities as City of Roseville Police Officers, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2020.

Attorney(s) appearing for the Case

James Raymond Behrenbrinker, I , Karin Ciano, Minneapolis, MN, for Plaintiff-Appellee.

Patrick S. Collins , Joseph E. Flynn , Vicki A. Hruby , JARDINE & LOGAN, Lake Elmo, MN, for Defendants-Appellants.

Before KELLY, ERICKSON, and STRAS, Circuit Judges.

At approximately 10:30 p.m. on February 10, 2016, Officers John Edward Jorgensen and Kyle Eckert shot and killed John O. Birkeland ("Birkeland") in his home. Dean Birkeland, as trustee for the next-of-kin, brought this wrongful death action against Officers Jorgensen and Eckert as well as Sergeant Joseph Robert Adams and...

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