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Sherbrooke v. City of Pelican Rapids

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Submitted: March 11, 2009

Before WOLLMAN, BRIGHT, and COLLOTON, Circuit Judges.

David Sherbrooke filed this action against the City of Pelican Rapids, Minnesota (the “City”), the City’s police chief, Scott Fox, and two of the City’s police officers, Scott Sachs and Ted Leabo. Count One of his complaint alleged a cause of action pursuant to 42 U.S.C. § 1983, asserting violations of the First, Fourth, Sixth, and Fourteenth Amendments. Count Two alleged a conspiracy in violation of 42 U.S.C. § 1985. Counts Three through Seven advanced claims under Minnesota law for false arrest, malicious prosecution, negligent infliction of emotional distress, common-law conspiracy, and a violation of a Minnesota statute governing consultations between persons in custody and their attorneys. Count Eight alleged that the City was vicariously liable for the alleged conduct of the police officers.

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