Bady v. Murphy-Kjos
United States Court of Appeals for the Eighth Circuit
628 F.3d 1000 (2011)
- Written by Sean Carroll, JD
Facts
Firefighters responded to a call that Kenneth Bady (plaintiff) was having a heart attack at someone’s home. The firefighters called the police to assist with the situation, calling Bady combative. Police officers Ann Murphy-Kjos, Jerry Johnson, Patricia Nelson, Peter Stanton, and Charles Peter (the officers) (defendants) responded at the home and ultimately used tasers on Bady and arrested him. Bady sued the officers pursuant to 42 U.S.C. § 1983, alleging that the officers used excessive force in arresting him. At trial, Peter testified over Bady’s hearsay objection that when Peter arrived at the home, a paramedic told him that Bady had assaulted a firefighter. The trial court allowed the testimony, finding that it was not hearsay. The jury returned a verdict in the officers’ favor. Bady appealed.
Rule of Law
Issue
Holding and Reasoning (Riley, C.J.)
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