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STRANDBERG v. CITY OF HELENA

Nos. 84-4264, 85-3505.

791 F.2d 744 (1986)

Ruth STRANDBERG, Personal Representative of the Estate of Edward Jay Strandberg, Deceased, as Personal Representative and on her own behalf, and Howard Strandberg, Plaintiffs-Appellants, v. The CITY OF HELENA, Jack Williams, Individually and as Chief of Police of the City of Helena; Elmer Frank Melton, Individually and as a Police Officer of the City of Helena; Fred D. Valiton, Individually and as a Police Officer of the City of Helena; James Victor Beneventi, Individually and as a Police Officer of the City of Helena; Peter James Hartman, Individually and as a Police Officer of the City of Helena; William Ware, Individually and as Acting Police Chief of the City of Helena; Barbara Marie Sullivan, Individually and as Police Dispatcher of the Helena Police Department of the City of Helena, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 10, 1986.

Attorney(s) appearing for the Case

Ann L. Smoyer, Helena, Mont., Jeanette Ellen Berry, Bozeman, Mont., for plaintiffs-appellants.

William P. Driscoll, Ronald F. Waterman, Gough, Shanahan, Johnson & Waterman, Helena, Mont., for defendants-appellees.

Before SKOPIL, NELSON and BOOCHEVER, Circuit Judges.

SKOPIL, Circuit Judge:

The plaintiffs-appellants, Ruth and Howard Strandberg ("Strandbergs"), appeal from a district court's grant of partial summary judgment against them in their civil rights action against the defendants ("City"). We affirm.

I. FACTS AND PROCEEDINGS

On June 7, 1981 Edward Strandberg, the son of Ruth and Howard Strandberg, was arrested in Helena, Montana for driving a motorcycle without a license plate, failure to yield to an emergency...

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