DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172633P.pdf 07/12/2018 Robin Kirkland Neal v. Daniel Ficcadenti
U.S. Court of Appeals Case No: 17-2633
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Erickson, Author, with Loken and Gruender, Circuit Judges]
Civil case - Civil rights. In this action alleging defendant police
officer used excessive force in applying an arm-bar takedown technique on
plaintiff, the district court denied the officer's motion for summary
judgment based on qualified immunity on the ground that the use of the
technique on a suspect who was neither threatening nor resistant violated
the Fourth Amendment's prohibition against unreasonable searches and
seizures; held, the district court did not err in determining that the
facts, viewed in the light most favorable to plaintiff, gave rise to a
question of unreasonable and excessive force for the ultimate finder fact.