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Mario Molina-Gomes, As Trustee For the Next of Kin of Mario v. Joel Welinski, Individually and In His Official Capacity As A City of

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Submitted: March 15, 2012

Before MURPHY, BRIGHT, and GRUENDER, Circuit Judges.

As part of a narcotics investigation, Owatonna police arranged for an undercover officer to make a payment to Mario Molina Campos for drugs supplied to an informant. The transaction did not go as planned, however. Molina Campos attempted to drive away, dragging along the undercover officer, and rammed an unmarked police vehicle blocking his path. At that point Sergeant Joel Welinski shot Molina Campos with his service revolver. Molina Campos died at the scene. Mario Molina Gomes, as trustee for the next of kin of Molina Campos, brought this 42 U.S.C. § 1983 action alleging that Welinski had used excessive force in violation of the Fourth Amendment. The district court granted summary judgment to the officer *fn1 on the basis of qualified immunity, and Molina Gomes appeals. We affirm.

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