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WALKER v. WAYNE COUNTY, IOWA

No. 86-2331.

850 F.2d 433 (1988)

Albert Lee WALKER; Judith Walker; William J. Walker; Laura Christine Walker; Tonya Faye Walker; and Tanya Renee Walker, by their Mother and Next Friend, Judith Walker, Appellees, v. WAYNE COUNTY, IOWA, and Roger Martin, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 27, 1988.

Rehearing and Rehearing Denied August 12, 1988.

Attorney(s) appearing for the Case

Carlton G. Salmons, Des Moines, Iowa, for appellants.

Thomas J. Levis, Des Moines, Iowa, for appellees.

Before FAGG, Circuit Judge, TIMBERS, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

Rehearing and Rehearing En Banc Denied August 12, 1988.

FAGG, Circuit Judge.

After observing Albert Lee Walker's reckless driving and intoxicated condition, Wayne County Deputy Sheriff Roger Martin attempted to arrest Walker. A struggle occurred during which Martin shot and wounded Walker. Walker and his family (the Walkers) then sued Martin and Wayne County, Iowa, for damages under 42 U.S.C. § 1983. In response, the defendants filed a motion for summary...

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