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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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