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Branch v. Gorman

United States Court of Appeals, Eighth Circuit

February 12, 2014

Mary D. Branch, Plaintiff - Appellant
v.
Officer Timothy Gorman; Officer Christopher Garbisch; City of Minneapolis, Defendants - Appellees, Minneapolis Department of Civil Rights, Movant - Appellee

Submitted October 24, 2013.

Appeal from United States District Court for the District of Minnesota - Minneapolis.

For Mary D. Branch, Plaintiff - Appellant: Tillman J. Breckenridge, REED & SMITH, Washington, DC; A. L. Brown, CAPITOL CITY LAW GROUP, Saint Paul, MN; Pamela E. Palmer, Skyler R. Peacock, Alexa R. Roggenkamp, WILLIAM & MARY LAW SCHOOL, Williamsburg, VA.

For Officer Timothy Gorman, Officer Christopher Garbisch, City of Minneapolis, Defendant - Appellees: Sarah C.S. McLaren, Timothy S. Skarda, MINNEAPOLIS CITY ATTORNEY, Minneapolis, MN.

For Minneapolis Department of Civil Rights, Movant - Appellee: Marc Michael Berg, James C. Selmer, J. SELMER LAW, P.A., Minneapolis, MN.

Before BYE, SMITH, and BENTON, Circuit Judges.

OPINION

Page 1070

BYE, Circuit Judge.

Mary D. Branch filed this action pursuant to 42 U.S.C. § 1983 and Minnesota state law claiming officers of the Minneapolis Police Department violated her Constitutional rights when they arrested her. The district court[1] granted summary judgment for defendants on the federal constitutional claims and dismissed the Minnesota state law claims. Branch appeals, arguing she proffered sufficient evidence to show the defendant officer violated her clearly established rights. We affirm.

I

Pursuant to the proper standard of review, described below, the following are the facts as most favorable to Branch. Branch was a passenger in her husband's car when her husband was pulled over and arrested on an outstanding warrant at approximately 12:30 a.m. on September 3, 2007. Officer Christopher Garbisch of the Minneapolis Police Department affected

Page 1071

the arrest of Branch's husband. Officer Timothy Gorman arrived to assist.

After Branch's husband was arrested, the two officers approached the vehicle to speak with Branch. Branch opened her door under instruction from Officer Gorman. Branch believed she was being released and would be driving home. Branch thus walked around the vehicle and got into the driver's seat. ...


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