Opinion
No. 97-3487.
Submitted September 25, 1998.
Filed October 16, 1998.
Appeal from the United States District Court for the Eastern District of Missouri.
Before BOWMAN, Chief Judge, and JOHN R. GIBSON and MORRIS SHEPPARD ARNOLD, Circuit Judges.
The Gardners brought this action pursuant to 42 U.S.C. § 1983, after Charles Partain, a Jefferson County, Missouri, deputy sheriff, shot and killed Charles Gardner while serving an ex parte order of protection. The Gardners maintained that Deputy Partain used excessive force when he shot Mr. Gardner, and that Jefferson County Sheriff Walter Buerger failed to train Deputy Partain adequately. The jury returned a verdict in favor of the two police officers, and the trial court entered judgment on the verdict.
The Honorable Jean C. Hamilton, Chief United States District Judge for the Eastern District of Missouri.
The Gardners argue on appeal that the trial court erred in excluding certain evidence regarding the use of force and the reasonableness of Deputy Partain's actions. Having carefully reviewed the parties' briefs and the record in this case, we conclude that the trial court did not err in excluding the evidence. Accordingly, we affirm the judgment of the trial court. See 8th Cir. R. 47B.