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SLUSARCHUK v. HOFF

No. CIV.01-1405(MJD/JGL). No. CIV.01-1406(MJD/JGL).

228 F.Supp.2d 1007 (2002)

Michael SLUSARCHUK, Plaintiff, v. John HOFF, individually and in his official capacity as Minneapolis Police Officer, Lance Faust, individually and in his official capacity as Minneapolis Police Officer, and the City of Minneapolis, Defendants, and Elaine Stebleton, individually and as trustee on behalf of the heirs and next of kin of Jennifer Stebleton, deceased, Plaintiff, v. John Hoff, individually and in his official capacity as Minneapolis Police Officer, Lance Faust, individually and in his official capacity as Minneapolis Police Officer, and the City of Minneapolis, Defendants.

United States District Court, D. Minnesota.

October 31, 2002.

Attorney(s) appearing for the Case

Christopher W Fowlkes, Bowman & Brooke, Minneapolis, MN, David E. Wandling, Wandling Law Group, St. Louis Park, MN, for plaintiff.

Peter William Ginder, Minneapolis City Atty, Minneapolis, MN, for defendants.

MEMORANDUM AND ORDER

DAVIS, District Judge.

This matter is before the Court on Defendants' Motion for Summary Judgment. For the reasons that follow, the Court grants in part and denies in part Defendants' motion.

BACKGROUND

At approximately 11:30 p.m. on August 22, 2000, Minneapolis Police Officers John Hoff ("Hoff") and Lance Faust ("Faust") of the Third Precinct were on patrol in a marked squad car. Hoff was driving, and the officers...

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