United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2512 ___________________________ Teresa M. Graham Plaintiff - Appellant v. Sgt. Shannon L. Barnette; Officer Amanda Sanchez; Officer Mohamed Noor; City of Minneapolis Defendants - Appellees ------------------------------ State of Minnesota Amicus Curiae ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: June 17, 2020 Filed: August 17, 2020 ____________ Before GRUENDER, WOLLMAN, and KOBES, Circuit Judges. ____________ GRUENDER, Circuit Judge. Teresa Graham sued Sergeant Shannon Barnette, Officer Mohamed Noor, Officer Amanda Sanchez (“the officers”) and the City of Minneapolis (“the City”), asserting claims arising under 42 U.S.C. § 1983 and Minnesota state law after the officers entered Graham’s home without a warrant, seized her, and transported her to a hospital for a mental health evaluation. The district court 1 granted the officers and the City summary judgment, and Graham appeals. We affirm. I. “We recount the facts of this case in the light most favorable to [Graham], the non-moving party.” Meehan v. Thompson, 763 F.3d 936, 938 (8th Cir. 2014). In so doing, we rely on the factual findings of the district court as well as audio and video recordings of the relevant events. Saylor v. Nebraska, 812 F.3d 637, 642 (8th Cir. 2016); Meehan, 763 F.3d at 938. At approximately 10:00 a.m. on May 25, 2017, Graham called 911 and reported that a man was smoking marijuana on a retaining wall behind her home. A City police officer arrived at Graham’s address later that morning, saw no one, and left without following up with Graham. Several hours later, Graham called the police again and left a voicemail for the precinct’s commander, complaining that officers did not respond to her emergency call and referencing an email she sent earlier in the day regarding the police department’s failure to respond to a different report she had filed. Around 6:00 p.m., a police officer returned Graham’s call and informed her that officers had investigated her complaint regarding the unidentified man in her backyard. Things then took an unusual turn. At 6:11 p.m., an anonymous informant claiming to be Graham’s cousin called 911 and reported that Graham had called him at work to threaten him and his family. He told the 911 operator that “this is not an 1 The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota. -2- emergency” and that he “did not think [Graham] was going to do anything.” Even so, he requested a “welfare check” because he believed Graham had a history of mental health issues. The operator summarized the call for the responding officers in a comment to the incident report that read, “CLRS COUSIN WHO JUST CALLED HIM AT WORK AND THREATENED HIM AND HIS FAMILY.” The operator also noted that the individual requested a welfare check on Graham and that Graham’s mental health diagnosis was unknown. Two hours later, Officers Noor and Sanchez arrived at Graham’s home. Officer Sanchez recorded the encounter using a body camera. ...
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