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FARMER v. CITY OF RAPID CITY

No. 25812-A-JKK.

801 N.W.2d 291 (2011)

2011 S.D. 41

Timothy FARMER, Appellant, v. CITY OF RAPID CITY and Rapid City Police.

Supreme Court of South Dakota.

Decided July 20, 2011.

Attorney(s) appearing for the Case

Courtney R. Clayborne , of Clayborne, Loos & Sabers, LLP, Rapid City, South Dakota, Attorney for appellant.

Jason E. Green , City Attorney, City of Rapid City, Rapid City, South Dakota, Attorney for appellees.

KONENKAMP, Justice.

[¶ 1.] The Rapid City Police Department fired a patrol officer for excessive use of force. On appeal, the officer contends that he never acted beyond the Department's use of force continuum policy. But the question comes down to whether the officer's own actions generated his claimed need to use force. Considering both the subject incident along with the officer's disciplinary record, we conclude that there were sufficient grounds to support...

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