John M. Gainor v. Scott Rogers City of Moorhead, a Minnesota Municipality and John Doe

LAY, Senior Circuit Judge.

This is an appeal from the district court’s1 denial of a motion for summary judgment for claims brought against the defendant, police officer Scott Rogers, under 42 U.S.C. § 1983 (1988), for false arrest, use of excessive force, and violation of his First Amendment rights. Rogers sought summary judgment on the ground of qualified immunity. The district court determined that genuine issues of material fact existed and denied the motion.2 We affirm the judgment of the district court.

BACKGROUND

On the afternoon of March 24, 1989, John Michael Gainor was observed by…