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Ester v. Faflak

United States Court of Appeals, Eighth Circuit
Oct 12, 2007
250 F. App'x 756 (8th Cir. 2007)

Opinion

No. 06-3707.

Submitted: October 3, 2007.

Filed: October 12, 2007.

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

Patrick Fitzgerald Ester, Oxford, WI, pro se.

Lonnie F. Bryan, Asst. U.S. Attorney, U.S. Attorney's Office, argued, Minneapolis, MN, for Appellees.

Before BYE, RILEY, and MELLOY, Circuit Judges.


[UNPUBLISHED]


Patrick Fitzgerald Ester appeals the district court's adverse grant of summary judgment based on qualified immunity. We have carefully reviewed the record and considered Ester's arguments for reversal. See Robinette v. Jones, 476 F.3d 585, 590-91 (8th Cir. 2007) (de novo standard of review). We agree with the district court that the question whether defendants reasonably believed their actions violated the Fourth Amendment turns on the objective reasonableness of their conduct and not on their subjective intent. See McClendon v. Story Comity Sheriffs Office, 403 F.3d 510, 515-16 n. 4 (8th Cir. 2005) (officer's subjective intent is never relevant under Fourth Amendment analysis so long as there exists objective basis for seizure). Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Ester's motion to supplement the record.

The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Janie S. Mayeron, United States Magistrate Judge for the District of Minnesota.


Summaries of

Ester v. Faflak

United States Court of Appeals, Eighth Circuit
Oct 12, 2007
250 F. App'x 756 (8th Cir. 2007)
Case details for

Ester v. Faflak

Case Details

Full title:Patrick Fitzgerald ESTER, Appellant, v. Agent Daniel Paul FAFLAK, Jr.…

Court:United States Court of Appeals, Eighth Circuit

Date published: Oct 12, 2007

Citations

250 F. App'x 756 (8th Cir. 2007)

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