GREGORY v. CITY OF ROGERS, ARK.

No. 89-2863.

974 F.2d 1006 (1992)

Garner GREGORY, Administrator of the Estate of Joe Edwin Gregory; Beate Gregory, individually and as mother and next friend of Joe Ray Gregory; and Donna Mae Fields, Appellants, v. The CITY OF ROGERS, ARKANSAS; Ptl. Ronnie Howell, individually and in his capacity as a police officer of the City of Rogers, Arkansas; and Imperial Casualty and Indemnity Co., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1992.


Attorney(s) appearing for the Case

Susan A. Fox, Springdale, Ark., argued en banc, for appellants.

David Harlan White, Hot Springs, Ark., argued en banc, for appellees.

Before LAY, Chief Judge, HEANEY, Senior Circuit Judge, McMILLIAN, RICHARD S. ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, and LOKEN, Circuit Judges, en banc.


FAGG, Circuit Judge.

Garner Gregory, Beate Gregory, and Donna Mae Fields (the appellants) appeal the district court's order granting summary judgment to the City of Rogers, Arkansas, and Officer Ronnie Howell (the appellees) in this 42 U.S.C. § 1983 action. We affirm.

I.

We review the district court's grant of summary judgment de novo. Gumersell v. Director, Fed. Emergency Management Agency, 950 F.2d 550

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