Brown v. City of Bloomington

I concur with the majority on all issues presented, with the exception of the con-elusion that denies Officer Duerksen and the City of Bloomington official immunity from suit. On that issue, I respectfully dissent.

The majority’s analysis focuses solely on the act of loading a shotgun. This narrow focus fails to consider the nature of the act leading up to and resulting in deployment of less-lethal and lethal rounds, i.e., Duerk-sen’s exercise of judgment in deciding whether to use force, and the degree of that force. In my opinion, his acts are discretionary and immune from suit.

In…