FARGO, N.D. — An appeals court has upheld the decision by a federal judge to throw out complaints by a rural Lakota man and his family accusing authorities of using excessive force during a June 2011 altercation.
Rodney Brossart sued the Nelson County sheriff and deputy sheriff at the time of the incident, which escalated during an investigation into whether Brossart was hiding cattle that didn’t’ belong to him. Both Brossart and his son, Thomas, were shocked with stun guns.
A three-judge panel of the 8th Circuit Court of Appeals in a ruling released Friday said U.S. District Judge Ralph Erickson was right to dismiss the claims.
Circuit Judge Jane Kelly disagreed with the ruling in regards to Thomas Brossart. Kelly says the stun gun was not necessary in his case.