Aug 21

Eighth Circuit Panel Finds that Plaintiff’s Excessive Force Case Can Proceed to Trial

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CASE UPDATE:  After the Eighth Circuit decision put this case back on track toward a jury trial, the case settled in mediation pending St. Paul City Council approval.

Eighth Circuit Panel Finds that Plaintiff’s Excessive Force Case Can Proceed to Trial

The Magna Law Firm is pleased to announce that the Eighth Circuit Court Appeals recently decided in favor of our client in the case of Robin Neal vs. Officer Daniel Ficcadenti et al.   The Court found that the Defendant Officer was not entitled to qualified immunity – immunization from suit – because a jury could find that the officer’s actions of slamming Mr. Neal face first to the pavement when he was not resisting arrest, and was complying with the officer’s commands, was objectively unreasonable. The Court also found that Mr. Neal’s right to be free from the force the officer used was clearly established before June 6, 2012.  This legal battle is far from over, but we are very pleased that the Eighth Circuit  agreed with us that Mr. Neal should be entitled have a jury decide whether the Defendant officer’s actions were reasonable under the circumstances.  Links to the Eighth Circuit decision and the squad car video which shows the officer’s actions are below.   We will continue to update you on all important developments in this case.

https://ecf.ca8.uscourts.gov/opndir/18/07/172633P.pdf

Read the background of this case and see the video:

http://www.magnalaw.net/police-misconduct-city-of-st-paul-says-no/

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