Rau v. Roberts, et al, No. 10-1476 (8th Cir. 2011)
Annotate this CaseAppellant sued defendants, the City of Minneapolis ("city") and an off-duty city police officer, alleging excessive force claims pursuant to 42 U.S.C. 1983 and assault and batter claims under Minnesota Law. At issue was whether the district court properly granted the city's motion for summary judgment with respect to the vicarious liability claims against the city. The court held that the district court properly granted summary judgment where appellant failed to show that the officer's assault occurred within work-related limits of time and place.
Court Description: Civil case - civil rights. District court did not err in granting the City of Minneapolis summary judgment on plaintiff's claims of vicarious liability for assault and battery as there was no evidence that the assault committed by Roberts, an off-duty Minneapolis police officer, occurred within his work-related limits of time and space.
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