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.
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.