Soucek v. Banham

*165SHORT, Judge

(concurring specially)

I concur in the majority opinion on the official immunity issue only insofar as it concludes there are facts in dispute as to the officers’ conduct. I write separately because I am concerned we are weighing the evidence on that issue. See Prince v. Sonnesyn, 222 Minn. 528, 536, 25 N.W.2d 468, 472 (1946) (conflicts in evidence are not to be resolved on appeal).