113777P.pdf   02/22/2013  Brian Farrington  v.  Officer Steven Smith
   U.S. Court of Appeals Case No:  11-3777
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Smith, Author, with Loken and Benton, Circuit Judges]
   Civil case - Civil Rights. In suit alleging the defendant police officer
   used excessive force, the district court did not err in allowing the officer
   to testify as to his purported mental state regarding the situation and
   plaintiff's actions as much of the evidence was elicited by plaintiff's
   counsel, the information provided context for the officer's actions and the
   jury was instructed not to consider the officer's state of mind, intention or
   motivation; no error in permitting the officer to testify regarding possible
   "weaponization" of cell phones; no error in refusing plaintiff's proposed
   revised Eighth Circuit Jury Instruction Number 16 on excessive force as
   the instruction actually given was supported by the law and evidence;
   conclusion that the district court did not err in denying plaintiff's motion
   for a new trial on his excessive-force claim was dispositive of his claim
   that other officers failed to protect him from the use of excessive force.