Evonne J. New v. City of Minneapolis, Alva Emerson & William Scott, 792 F.2d 724 (8th Cir. 1986). · Go Syfert
Evonne J. New v. City of Minneapolis, Alva Emerson & William Scott, 792 F.2d 724 (8th Cir. 1986). Cases Citing This Book View Copy Cite
51 citation events (8 in the last 25 years) across 16 distinct courts.
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Cited for
At page 726 If sufficiently egregious, a deliberate use of excessive force ... can implicate the substantive Fourth Amendment guarantee against unreasonable seizures____16 citing cases1 citing court put it this way
  • Patterson v. Fuller, 654 F. Supp. 418 (N.D. Ga. 1987).
    (If sufficiently egregious, a deliberate use of excessive force ... can implicate the substantive Fourth Amendment guarantee against unreasonable seizures____)
  • ND Indoor RV Park v. State, 2025 ND 92.
    Such violations “must be so abusive as to be ‘offensive to human dignity.’” Id. (quoting New v. City of Minneapolis, 792 F.2d 724, 726 (8th Cir. 1986)). [¶21] The Park alleged Wagendorf and Nelson did not comply with N.D.C.C. ch. 23-10 in…
  • Rud v. Johnston, No. 0:23-cv-00486 (D. Minn. Sept. 28, 2023).
    Truly irrational behavior is such a high bar that it must be so abusive as to be “offensive to human dignity.” New v. City of Minneapolis, 792 F.2d 724, 726 (8th Cir. 1986).
  • Hansen v. Keifer, No. 8:20-cv-00373 (D. Neb. Feb. 1, 2021).
    Such a case must be so abusive as to be “offensive to human dignity.” See New v. City of Minneapolis, 792 F.2d 724, 726 (8th Cir. 1986). 4 Azam v. City of Columbia Heights, 865 F.3d 980, 986 (8th Cir. 2017).
  • Reints v. City of Rapid City, South Dakota, No. 5:13-cv-05043 (D.S.D. Feb. 18, 2020).
    To constitute a substantive due process violation “a case must be so abusive as to be ‘offensive to human dignity.’ ” Azam v. City of Columbia Heights, 865 F.3d 980, 986 (8th Cir. 2017) (citing New v. City of Minneapolis, 792 F.2d 724, 726…
  • Haji Azam v. City of Columbia Heights, 865 F.3d 980 (8th Cir. 2017).
    Such a case must be so abusive as to be “offensive to human dignity.” See New v. City of Minneapolis, 792 F.2d 724, 726 (8th Cir. 1986).
  • Northpointe Plaza v. City of Rochester, 465 N.W.2d 686 (Minn. 1991).
    Since the court of appeals decision in this case, the Eighth Circuit has expressly held that, in the zoning context, “[w]hether government action is arbitrary or capricious within the meaning of the Constitution turns on whether it is so ‘…
  • Condor Corp., a Minnesota Corp. v. City of St. Paul, a Mun. Corp., 912 F.2d 215 (8th Cir. 1990). 2 cites
    (sufficiently egregious use of force states substantive due process claim)
  • Carlisle Ex Rel. Scott v. City of Minneapolis, 437 N.W.2d 712 (Minn. Ct. App. 1989). 2 cites
    New v. City of Minneapolis, 792 F.2d 724, 726 (8th Cir.1986).
  • Weimer v. Amen, 870 F.2d 1400 (8th Cir. 1989).
    It must be conduct “offensive to human dignity.” New v. Minneapolis, 792 F.2d 724, 726 (8th Cir.1986).
Show 6 more citing cases
  • Weimer v. Amen, 870 F.2d 1400 (1st Cir. 1989).
    It must be conduct "offensive to human dignity." New v. Minneapolis, 792 F.2d 724, 726 (8th Cir.1986).
  • Zumbroegel v. City of Dearborn Heights, 705 F. Supp. 358 (E.D. Mich. 1989).
    In Wilson v. Beebe, 770 F.2d 578, 583 (6th Cir.1985) (en banc) (emphasis added), the court stated: [D]ue process claims for injuries inflicted under color of state law may proceed either upon the theory that a deprivation has occurred with…
  • In Re Scott Cnty. Master Docket, 672 F. Supp. 1152 (D. Minn. 1987).
    New v. City of Minneapolis, 792 F.2d 724, 726 (8th Cir.1986).
  • Vitalone v. Curran, 665 F. Supp. 964 (D. Me. 1987).
    (citations and footnote omitted)
  • Kolesnick Ex Rel. Shaw v. Omaha Pub. Sch. Dist., 558 N.W.2d 807 (Neb. 1997). 2 cites
    (stating that defendant-appellant’s conduct must be “ ‘offensive to human dignity’)
  • Johnson v. Morris, 445 N.W.2d 563 (Minn. Ct. App. 1989).
    See New v. City of Minneapolis, 792 F.2d 724, 726 (8th Cir.1986).
At page 725 Daniels and Davidson do not apply to “[an] intentional abuse of official power ... which infringes a specific constitutional guarantee_10 citing cases1 citing court put it this way
  • Halterman, No. 6:25-cv-03101 (W.D. Mo. Feb. 18, 2026).
    Second, even assuming the actions were taken “under color of state law” because Officer Defendants gave Mr. Halterman permission to enter the residence, “no deprivation of due process results from the negligent act or omission by an offici…
  • Dahl v. Rice Cnty., Minn., 621 F.3d 740 (8th Cir. 2010).
    New v. City of Minneapolis, 792 F.2d 724, 725 (8th Cir.1986) (per curiam) (citations omitted).
  • Evan F. Zakrzewski v. Charles R. Fox, 87 F.3d 1011 (8th Cir. 1996).
    New v. City of Minneapolis, 792 F.2d 724, 725-26 (8th Cir.1986). “[T]he theory of substantive due process is properly reserved for truly egregious and extraordinary cases,” Myers v. Scott County, 868 F.2d 1017, 1019 (8th Cir.1989), and it…
  • Zakrzewski v. Fox, 87 F.3d 1011 (8th Cir. 1996).
    New v. City of Minneapolis, 792 F.2d 724, 725-26 (8th Cir.1986). "[T]he theory of substantive due process is properly reserved for truly egregious and extraordinary cases," Myers v. Scott County, 868 F.2d 1017, 1019 (8th Cir.1989), and it…
  • Larry Coffman v. Myrna Trickey, 884 F.2d 1057 (8th Cir. 1989).
    (Daniels and Davidson do not apply to “[an] intentional abuse of official power ... which infringes a specific constitutional guarantee_)
  • Reese v. Kennedy, 865 F.2d 186 (8th Cir. 1989).
    Reese also argues that Parratt does not apply to this case under “the rule that intentional abuse of official power, which shocks the conscience or which infringes a specific constitutional guarantee * * *, implicates the substantive compo…
  • Utke v. City of Houston, 422 N.W.2d 303 (Minn. Ct. App. 1988).
    New v. City of Minneapolis, 792 F.2d 724, 725-26 (8th Cir.1986); Smith v. City of Fontana, 818 F.2d 1411, 1415 (9th Cir.), cert. denied, — U.S. -, 108 S.Ct. 311 , 98 L.Ed.2d 269 (1987); Morello v. James, 810 F.2d 344, 348 (2d Cir.1987).
  • Stanulonis v. Marzec, 649 F. Supp. 1536 (D. Conn. 1986).
    However, “the Supreme Court ... did not change the rule that an intentional abuse of official power, which shocks the conscience or which infringes a, specific constitutional guarantee such as those embodied in the Bill of Rights, implicat…
  • Wilson v. City of North Little Rock, 801 F.2d 316 (8th Cir. 1986).
    Id. at 725-26 (citations omitted).
  • Eric A. Griffin v. Gregory Hilke & Officer Francis Stoll, 804 F.2d 1052 (8th Cir. 1987). 2 cites
    The Supreme Court has held that the due process clause “is not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty or property.” Daniels v. Williams, — U.S. —, 106 S.Ct. 662, 663 , 88 L.Ed.2d…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Evonne J. NEW, Appellant,
v.
CITY OF MINNEAPOLIS, Alva Emerson and William Scott, Appellees
85-5269.
Court of Appeals for the Eighth Circuit.
Jun 4, 1986.
792 F.2d 724
1986 U.S. App. LEXIS 25691
Daniel R. Shulman, Minneapolis, Minn., for appellant., David M. Gross, Minneapolis, Minn., for appellees.
Lay, Per Curiam, Ross, Wollman.
Cited by 34 opinions  |  Published
PER CURIAM.

Appellant, Evonne New, brought this action under 42 U.S.C. § 1983 (1982), alleging that Minneapolis police officers used excessive force on her and her child in effecting an arrest. Appellant alleged that on the evening of October 15, 1983, she telephoned the Minneapolis Emergency Communications Center seeking assistance in transporting her son to a crisis intervention center. According to appellant’s amended complaint, the two officers who entered her home in response to her call engaged in a brutal and unprovoked assault on her son, striking him repeatedly and applying a chokehold until he was rendered unconscious. When appellant attempted to intervene to protect her son, the officers allegedly beat her and applied a stranglehold to her. They then arrested appellant, and according to her complaint, fabricated charges against her of assault and resisting arrest. A jury subsequently acquitted appellant of these charges.

The district court [1] granted summary judgment in favor of appellees in reliance on recent precedent in the District of Minnesota, Hanson v. Larkin, 605 F.Supp. 1020 (D.Minn.1985). Hanson considered whether similar allegations of police brutality sufficiently stated a claim for deprivation of liberty without procedural due process. Hanson decided that Minnesota tort remedies provide adequate post-deprivation relief for infringement of the liberty interest implicated in an unauthorized police assault, and that pre-deprivation procedures are not feasible to protect against a random and unauthorized act of violence by police. Id. at 1025-26, citing Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981) and Hudson v. Palmer, 468 U.S. 517,104 S.Ct. 3194, 82 L.Ed.2d 393 (1984). Relying on Hanson’s reasoning concerning the adequacy of state tort remedies, the district court concluded that appellant had suffered no deprivation of procedural due process.

While this case was on appeal, the Supreme Court clarified Parratt v. Taylor, supra, in Davidson v. Cannon, — U.S. -, 106 S.Ct. 668, 88 L.Ed.2d 677 (1986) and Daniels v. Williams, — U.S. -, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986). Daniels and Davidson explain that no deprivation of due process results from the negligent act or omission by an official causing unintended injury to life, liberty or property. Daniels, 106 S.Ct. at 663; Davidson, 106 S.Ct. at 670-71. On the other hand, the Supreme Court in Daniels and Davidson did not change the rule that intentional[*726] abuse of official power, which shocks the conscience or which infringes a specific constitutional guarantee such as those embodied in the Bill of Rights, implicates the substantive component of the due process clause regardless of the availability of state remedies. See, e.g., McClary v. O’Hare, 786 F.2d 83, 86 n. 3 (2nd Cir.1986); Mann v. City of Tucson, 782 F.2d 790, 793 (9th Cir.1986). Accord, Daniels, 106 S.Ct. at 677-78 (Stevens, J., concurring).

Allegations of brutality by law enforcement personnel apprehending a suspect or effecting an arrest are typically analyzed in terms of fourth amendment and liberty interests. If sufficiently egregious, a deliberate use of excessive force in this context can implicate the substantive fourth amendment guarantee against unreasonable seizures, the substantive due process right to be free from abusive governmental conduct “offensive to human dignity,” or both. See, e.g., Tennessee v. Garner, — U.S. -, 105 S.Ct. 1694, 1699-1707, 85 L.Ed.2d 1 (1985); Fernandez v. Leonard, 784 F.2d 1209, 1214-17 (1st Cir.1986); Patzner v. Burkett, 779 F.2d 1363,1371 (8th Cir.1985); Davis v. Forrest, 768 F.2d 257, 258 (8th Cir.1985). Since claims of this nature involving substantive due process are to be considered without regard to whether adequate state tort remedies provide an alternate form of redress, the district court incorrectly entered summary judgment against appellant. [2] Accordingly, we reverse the judgment of the district court and remand for further proceedings consistent with this opinion.

1

. The Honorable Edward J. Devitt, Senior Judge, United States District Court for the District of Minnesota.

2

. Appellant’s allegations concerning fabricated charges or arrest without probable cause also would not be foreclosed by the existence of state tort remedies.