192086P.pdf   08/20/2020  Dean Birkeland  v.  John Jorgenson
   U.S. Court of Appeals Case No:  19-2086
                          and No:  19-2172
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Erickson, Author, with Kelly and Stras, Circuit Judges] 
   Civil case - Wrongful death. The police officers did not violate 
   plaintiff's deceased's clearly established constitutional rights when they 
   shot and killed him as Eighth Circuit precedent compels the conclusion 
   that the use of deadly force in this situation was not a violation of 
   clearly established right; given the close proximity of the deceased, his 
   refusal to obey the officers' commands to drop a knife and his act of 
   stabbing a police dog in the face showed he posed a threat of serious 
   physical harm to the officers; the district court erred, therefore, in 
   denying the officers' motion for qualified immunity on plaintiff's 
   wrongful death claim; under these facts there was no genuine issue of 
   material fact for a jury to decide, and the officers were entitled to 
   official immunity as a matter of Minnesota state law; because the 
   officers' discretionary decisions are entitled to official immunity, the 
   City of Roseville has no vicarious liability. The court dismisses for lack 
   of jurisdiction plaintiff's cross-appeal challenging the district court's 
   order granting the officers and the City summary judgment on plaintiff's 
   other claims. Judge Kelly, concurring in part and dissenting in part.