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.
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.