Legal Opinion

Kelly v. Bender

Court of Appeals for the Eighth Circuit

Decided May 4, 1994No. 93-2412PublishedCited by 15 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Michael Kelly brought this action under 42 U.S.C. § 1983 against Des Moines, Iowa, police officers Kurtis Bender and Michael Moody. Kelly alleged that defendants arrested him without probable cause and used excessive force in making the arrest in violation of his constitutional rights under the Fourth, Fifth, and Fourteenth Amendments. Bender and Moody sought summary judgment based on qualified immunity. The district court determined that genuine issues of material fact existed and denied their motions. We affirm in part, reverse in part, and remand for further…

2Cases cited15 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Hunter v. BryantSupreme Court of the United States · 1991

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3Cited by15 opinions

  1. Frank Humphrey v. Norbert StaszakCourt of Appeals for the Seventh Circuit · 1998
  2. Gerald R. Wollin v. Bruce Gondert, Deputy Sheriff, Joseph Seidel, Deputy Sheriff and Jefferson County, WisconsinCourt of Appeals for the Seventh Circuit · 1999
  3. United States v. Gerald DotsonCourt of Appeals for the Sixth Circuit · 1995
  4. Dawkins v. GrahamCourt of Appeals for the Eighth Circuit · 1995
  5. Lue v. MooreCourt of Appeals for the Eighth Circuit · 1994

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