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.
131157P.pdf 06/06/2014 Bettie Smith v. City of Minneapolis
U.S. Court of Appeals Case No: 13-1157
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Riley, Author, with Melloy and Kelly, Circuit Judges]
Civil case - Civil rights. Where plaintiff's decedent died from cardiac
arrest during his arrest by the defendant police officers, defendant
officer Smith was entitled to qualified immunity as his actions in hitting
and kicking the decedent was not an obvious violation of the man's rights;
as the encounter continued, officers reasonably used kicks, punches, knee
strikes and tasers to subdue the man and plaintiff has failed to cite any
case law clearly establishing these actions were unconstitutional at the
time of the incident; the district court did not err in dismissing
plaintiff's wrongful death claim under Minnesota law as plaintiff failed
to sow that the officers intentionally apprehended her decedent in a way
they believed was prohibited by law.