Case Citator › Kuha v. City of Minnetonka

Kuha v. City of Minnetonka

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Eighth Circuit
Citation
365 F.3d 590
Decided
Confirmed treatments
1
Flagged citations read
43 of 43
Citing cases (total)
43
Treatment dates
2007

Status

Overruled in part
A reviewed court has overruled part of this case’s holding. Kuha v. City of Minnetonka was overruled in part; all 43 flagged citations have been read. The Eighth Circuit, sitting en banc in Szabla v. City of Brooklyn Park, abandoned Kuha’s municipal liability analysis in Part II.C as circuit precedent.
More on how this was screened

Its separate Fourth Amendment analysis of police dog warnings continued to be applied in later Eighth Circuit opinions. The confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

43 later cases cite Kuha v. City of Minnetonka; 43 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled in part

  • The en banc Eighth Circuit abandoned Kuha’s municipal liability analysis in Part II.C as circuit precedent.

    Szabla v. City of Brooklyn Park · United States Court of Appeals for the Eighth Circuit (en banc) · filed

    We thus conclude that Szabla's reliance on Kuha is not persuasive, and his claim against Brooklyn Park fails as a matter of law for the reasons set forth above. Because aspects of the analysis in Kuha are inconsistent with our opinion today, and are likely to sow confusion if left undisturbed, we abandon Part II.C of our opinion in Kuha as circuit precedent.
    Read the full opinion on CourtListener →

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