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Brooklyn Park Wins Eighth Circuit Appeal

August 19, 2014

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.

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