The trustee for Eric Kolski filed suit against the City of Brooklyn Park and two police officers, alleging the officers violated Kolski’s rights when the officers entered his home in response to a domestic disturbance call and used deadly force in response to Kolski pointing a gun at the officers. The United States District Court granted summary judgment to the City, holding the two officers reasonably feared for their lives and were entitled to qualified and official immunity. Kolski’s trustee appealed to the Eighth Circuit. The Eighth Circuit affirmed in a published opinion, holding the use of force was constitutionally permissible and the officers were entitled to official immunity based on their reasonable response to a significant threat of physical injury or death. The City of Brooklyn Park and its officers were represented by Jon K. Iverson and Stephanie A. Angolkar.
Archives for August 2014
Lawsuit dismissed against City of Minnetonka
On December 4, 2012 at about 9:30 p.m., Minnetonka Police Officer Dan Aschenbrener’s squad car collided with a vehicle driven by Sean Kian at the intersection of Excelsior Boulevard and Woodland Road, resulting in Kian’s death. At the time, Officer Aschenbrener was responding to a 911 call with his emergency lights and Opticom emitter activated. Sean Kian’s vehicle was obstructed from Officer Aschenbrener’s view by a large church sign. The traffic light facing Officer Aschenbrener was red with a solid white Opticom. The traffic light facing Kian was yellow with a flashing Opticom and turned turned red as he entered the intersection.
On July 29, 2014, the lawsuit filed by Kian’s family was dismissed because the district court found Officer Aschenbrener reasonably believed it was safe to proceed through the intersection and he did not act with malice. Officer Aschenbrener was granted official immunity and the City of Minnetonka was granted vicarious official immunity. The court also found Officer Aschenbrener had been properly trained by the City. The City of Minnetonka and Officer Aschenbrener were represented by Paul D. Reuvers and Andrea B. Smith.
2014 Super Lawyers and Rising Stars
Iverson Reuvers is pleased to announce Mark J. Condon, Jon K. Iverson, and Paul D. Reuvers were again named Minnesota Super Lawyers for 2014. Each year no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Iverson Reuvers is also pleased to announce Susan M. Tindal was selected to the 2014 lists of Minnesota Rising Stars and Top Women Attorneys in Minnesota as featured by Minneapolis St. Paul Magazine. Rising Stars are recognized as up-and-coming lawyers who are under 40 years old, or are over 40 but practicing law for ten or fewer years. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.
Super Lawyers, a Thompson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.