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064047P.pdf   02/01/2008  Adam Moore  v.  Kurt Indehar
   U.S. Court of Appeals Case No:  06-4047
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Shepherd, Author, with Murphy and Beam, Circuit
   Judges]
Civil case - civil rights. In action alleging police officers used excessive force by firing at plaintiff as he fled the scene of a shooting, the district court erred in granting the officers' motion for summary judgment based on a claim of qualified immunity; viewing the facts in the light most favorable to plaintiff, there was a genuine issue as to whether the office acted unreasonably when he shot at a man he admitted he knew was unarmed and did not pose a threat to his safety; further, a reasonable officer would have known that shooting an unarmed fleeing suspect was a violation of plaintiff's constitutional rights. Judge Beam, dissenting.