Seivers v. Minneapolis, City of et al

Filing 110

ORDER adopting the verdict of the jury(Written Opinion). Signed by Senior Judge David S. Doty on 6/9/2011. (PJM)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 09-816(DSD/SER)
Devon Seivers,
Plaintiff,
ORDER

v.
City of Minneapolis, Minneapolis
Police Officers James Bulleigh
(Badge #0860) and Daniel Lysholm
(Badge #4309), both individually
and officially, John Does and other
unnamed Police Officers, and
Timothy Dolan, Chief of
Minneapolis Police, personally
and individually,
Defendants.

This action arises out of the arrest of plaintiff Devon
Seivers on September 9, 2006.

Seivers filed a nine-count amended

complaint against defendants City of Minneapolis, James Bulleigh,
Daniel Lysholm, John Does, other unnamed police officers and
Timothy Dolan.

See ECF No. 42.

On January 25, 2011, the court

granted partial summary judgment on counts II through IX in favor
of defendants.

See ECF No. 61.

As a result, no claims remained

against the City or Dolan.
The remaining count of excessive force against Bulleigh and
Lysholm proceeded to jury trial from June 6–9, 2011.

After

plaintiff rested, the parties agreed to dismiss the Does, other
unnamed police officers and Dolan.

See ECF No. 107.

Lysholm moved for judgment as a matter of law.

Bulleigh and

The court granted

the motion as to Lysholm and took the motion under advisement as to
Bulleigh.

Id.

The jury returned a verdict that Bulleigh did not

use excessive force on plaintiff on or about September 9, 2006.
Accordingly, IT IS HEREBY ORDERED that:
1.

The court adopts the verdict of the jury;

2.

The oral motion for judgment as a matter of law as to

Bulleigh is moot; and
3.

The

remaining

claim

against

defendant

Bulleigh

is

dismissed with prejudice.

LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated:

June 9, 2011
s/David S. Doty
David S. Doty, Judge
United States District Court

2