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ATKINSON v. CITY OF MOUNTAIN VIEW, MO.

No. 11-3352.

709 F.3d 1201 (2013)

Mark ATKINSON, Plaintiff-Appellant v. CITY OF MOUNTAIN VIEW, MISSOURI; Derek Sanders; Michael Bales, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 8, 2013.

Attorney(s) appearing for the Case

Steven Joseph Gunn , argued, John W. Bruzek , Stephen Michael Ryals , on the brief, St. Louis, MO, for appellant.

Matthew D. Wilson , argued, Mark Douglas Harpool , on the brief, Springfield, MO, for appellee.

Before RILEY, Chief Judge, SMITH and COLLOTON, Circuit Judges.

RILEY, Chief Judge.

Mark Atkinson, a retired military police officer, sued the City of Mountain View, Missouri (city), and its former police chief, Derek Sanders, under 42 U.S.C. § 1983. Atkinson claimed Sanders, dressed in street clothes, used excessive force in violation of the Fourth and Fourteenth Amendments when, without identifying himself as a police officer, Sanders charged at Atkinson. The charge slammed Atkinson ten to fifteen feet backward into the...

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