Legal Opinion

Avone Kukla v. Andrew D. Hulm Scott Brown

Court of Appeals for the Eighth Circuit

Decided November 15, 2002No. 01-3812PublishedCited by 85 opinions

1Opinion of the Court

FAGG, Circuit Judge.

Motor carrier inspector Scott Brown and Trooper Andrew D. Hulm arrested Avone Kukla, a commercial truck driver, for failing to produce his logbook. After a South Dakota judge dismissed the charges against Kukla, Kukla brought this federal lawsuit against Brown for illegal arrest and against Hulm for using excessive force. The district court * denied Brown and Hulm’s motion for summary judgment based on qualified immunity, finding there were questions of fact about the arrest’s validity and the' amount of force used. Brown and Hulm appeal. We affirm.

We review the denial of…

2Cases cited5 opinions

  1. Graham v. ConnorSupreme Court of the United States · 1989
  2. Andre Guite v. James Wright Steven James LashombCourt of Appeals for the Eighth Circuit · 1998
  3. George R. Arnott, Sr. v. John Mataya, Greg ConnollyCourt of Appeals for the Eighth Circuit · 1993
  4. Smithson v. AldrichCourt of Appeals for the Eighth Circuit · 2000
  5. David Hannah v. City Of OverlandCourt of Appeals for the Eighth Circuit · 1986

3Cited by85 opinions

  1. Barbara Payne v. Michael PauleyCourt of Appeals for the Seventh Circuit · 2003
  2. Chambers v. PennycookCourt of Appeals for the Eighth Circuit · 2011
  3. Mark Atkinson v. City of Mountain ViewCourt of Appeals for the Eighth Circuit · 2013
  4. Brown v. City of Golden ValleyCourt of Appeals for the Eighth Circuit · 2009
  5. Cody Walton v. Robert DawsonCourt of Appeals for the Eighth Circuit · 2014

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