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.
062771P.pdf 07/26/2007 Duy Ngo v. Charles Storlie
U.S. Court of Appeals Case No: 06-2771
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Melloy, Author, and Wollman, Circuit Judge, and
Nangle, District Judge]
Civil case - civil rights. On claim that defendant, a Minneapolis police
officer, violated plaintiff's civil right by shooting him while he was
working as an undercover police officer, the district court did not err in
denying defendant's motion for summary judgment based on qualified
immunity; plaintiff presented sufficient evidence in support of his claim
to allow a reasonable jury to find that the use of force was not objectively
reasonable; further, there was a genuine issue of material fact as to
whether a reasonable officer faced with the circumstances would have
believed his conduct - firing a semi-automatic weapon at a kneeling,
unarmed man - was legal.