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Randy Philip Rau v. Michael David Roberts and City of Minneapolis

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Submitted: November 16, 2010

Before SMITH, BEAM and BENTON, Circuit Judges.

Randy Rau sued Michael Roberts and the City of Minneapolis (“City”) for injuries Rau sustained in an assault that Roberts-an off-duty City police officer-allegedly committed. Rau’s complaint against Roberts alleged excessive force pursuant to 42 U.S.C. § 1983 and assault and battery under Minnesota law. The complaint also alleged that the City was vicariously liable for the assault and battery under Minnesota law. The district court*fn1 granted the City’s motion for summary judgment with respect to the vicarious liability claims against the City; dismissed the § 1983 claim against Roberts; and remanded the assault and battery claims against Roberts to the Minnesota state court. On appeal, Rau seeks reversal of the court’s decision to grant summary judgment for the City on his claims of vicarious liability for the assault and battery. For the following reasons, we affirm.

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