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133069P.pdf   05/11/2015  Michael Keefe  v.  City of Minneapolis
   U.S. Court of Appeals Case No:  13-3069
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Gruender, Author, with Murphy and Smith, Circuit Judges] Civil case - Civil rights. Assuming without deciding that plaintiff's allegations of misconduct show a violation of a fundamental right, his Section 1983 claim nonetheless fails because the alleged conduct on which plaintiff relies was not so outrageous and egregious that it may be said to shock the contemporary conscience; defendant police chief's statements regarding plaintiff's conduct as an officer likewise failed to shock the conscience and did not create a Section 1983 cause of action; with respect to plaintiff's claim that the defendants violated Section 1986 by failing to prevent a conspiracy to violate his civil rights, defendants were entitled to summary judgment because plaintiff failed to raise a genuine issue of material fact as to whether a conspiracy existed that was motivated by a class-based, invidiously discriminatory animus; plaintiff's Section 1981 retaliation claim failed because he did not establish a genuine issue of material fact as to whether the defendants' proffered reasons for employment actions were merely pretextual; without a viable Section 1981 or 1983 claim, plaintiff's Monell municipal liability claim must fail.