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Fagnan v. City of Lino Lakes, Minnesota

United States Court of Appeals, Eighth Circuit

March 10, 2014

Monty Fagnan, Plaintiff - Appellant
v.
City of Lino Lakes, Minnesota; Timothy Noll, Lino Lakes Police Officer, in his individual capacity; Christopher Bragelan, Lino Lakes Police Sergeant, in his individual capacity; Mitchell Demars, Lino Lakes Police Investigator, in his individual capacity; William Hammes, Lino Lakes Police Officer, in his individual capacity; Tanya Tamm, Lino Lakes Police Officer, in her individual capacity; Adam Halverson, Lino Lakes Police Officer, in his individual capacity; Wayne Wegener, Lino Lakes Police Officer, in his individual capacity; Joel Martin, Lino Lakes Police Officer, in his individual capacity, Defendants - Appellees

Submitted October 24, 2013.

Page 319

[Copyrighted Material Omitted]

Page 320

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

For Monty Fagnan, Plaintiff - Appellant: Frederic W. Knaak, Knaak & Associates, P.A., Saint Paul, MN.

For City of Lino Lakes, Minnesota, Timothy Noll, Lino Lakes Police Officer, in his individual capacity, Christopher Bragelan, Lino Lakes Police Sergeant, in his individual capacity, Mitchell Demars, Lino Lakes Police Investigator, in his individual capacity, William Hammes, Lino Lakes Police Officer, in his individual capacity, Tanya Tamm, Lino Lakes Police Officer, in her individual capacity, Adam Halverson, Lino Lakes Police Officer, in his individual capacity, Wayne Wegener, Lino Lakes Police Officer, in his individual capacity, Joel Martin, Lino Lakes Police Officer, in his individual capacity, Defendants - Appellees: Joseph E. Flynn, JARDINE & LOGAN, Lake Elmo, MN.

Before RILEY, Chief Judge, COLLOTON and KELLY, Circuit Judges.

OPINION

Page 321

KELLY, Circuit Judge.

After he was acquitted of state law charges related to possession of firearms, Monty Fagnan (Fagnan) brought suit under 42 U.S.C. § 1983 against the City of Lino Lakes and eight Lino Lakes police officers in their individual capacities. The district court[1] granted defendants' motion for summary judgment on all claims, and Fagnan now appeals the judgment only as to his Fourth Amendment claim against the police officers in their individual capacities. With jurisdiction under 28 U.S.C. § 1291, we affirm.

I. Background

On February 25, 2007, Sandra Fagnan, Monty Fagnan's mother, called 911 to report a possible gas leak at her home in Lino Lakes, Minnesota. She and her husband Gary believed that the basement laundry room was the source of the leak. Monty Fagnan, who was living with them at the time, accompanied the first responders to the basement. While the firefighters searched for the leak in the laundry room, the police officers on the scene--Sergeant Bragelan[2] and Officer Noll--stayed in the basement living room, through which the firefighters had passed on the way to the laundry room. Sergeant Bragelan testified that " [i]t was somewhat dim but there was still plenty of light to see what you were doing" in the living room. State Court Trial Tr. at 360; Appellees' Appendix (App.) at 388. The officers began to converse with Fagnan about his extensive gun collection, which was displayed in upright glass cases along the living room wall next to the laundry room door. At one point, Officer Noll commented that the barrels of two of the guns looked shorter than eighteen inches, ...


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