DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
043332P.pdf 07/20/2006 Tracy A. Samuelson v. City of New Ulm
U.S. Court of Appeals Case No: 04-3332
District of Minnesota
[PUBLISHED] [Bye, Author, with Wollman and Bright, Circuit Judges]
Civil case - civil rights. District court erred in granting arresting
officers' motion for summary judgment based on qualified immunity as
there were genuine issues of material fact as to whether the amount of
force used in restraining and detaining plaintiff was excessive, whether
he resisted arrest and whether his injuries were more than de minimis;
plaintiff's right to be free from an excessive force during arrest was a
clearly established right under the Fourth Amendment; officers' actions
in taking plaintiff to a hospital for examination and observation were not
objectively unreasonable in light of plaintiff's behavior, and the officers
were entitled to summary judgment on that claim.