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Elustra v. Mineo

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ARGUED SEPTEMBER 23, 2009

Before FLAUM, WOOD, and SYKES, Circuit Judges.

On the surface, this appeal presents a straightforward question: did the district court err when it concluded that the parties reached an enforceable oral agreement to settle their dispute? But we cannot reach that question unless the appellants can overcome several procedural hurdles. The underlying case was brought by Crystal Elustra and her mother Christine Lopez, who appeared as next friend of Crystal’s younger sisters, Moriah Elustra and Najati Elustra (both minors). The suit arose out of an argument that erupted on July 22, 2007, over the bill that the Elustra girls and some friends owed at the Buffalo Wild Wings restaurant, which is owned by Brad Fralich. Before things settled down, the police had been called and the girls were arrested on charges of disorderly conduct and curfew violations. Those charges were ultimately dropped, paving the way for this action against Frankfurt Police Officer Tom Mineo, Fralich, and Buffalo Wild Wings. The Elustras asserted that Officer Mineo had violated their civil rights and that Fralich had falsely imprisoned them. Moriah Elustra also complained about injuries to her head and wrists that she suffered during the course of the arrest.

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