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ANDREWS v. FOWLER

No. 95-3917.

98 F.3d 1069 (1996)

Kristi D. ANDREWS, Plaintiff-Appellant, v. Randy Alan FOWLER, individually and in his capacity as an officer with the City of North Sioux City, South Dakota, Defendant, Scott Price, individually and in his capacity as former Chief of Police of the City of North Sioux City, South Dakota Police Department; William C. Merrill, individually and in his capacity as Mayor of the City of North Sioux City, South Dakota; City of North Sioux City, South Dakota, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 23, 1996.

Attorney(s) appearing for the Case

Michael F. Marlow, Yankton, SD, argued, for Plaintiff-Appellant.

Gary P. Thimsen, Sioux Falls, SD, argued (Tim R. Shattuck, on the brief), for Defendants-Appellees.

Before HANSEN, ROSS, and JOHN R. GIBSON, Circuit Judges.

HANSEN, Circuit Judge.

Kristi Andrews brought this civil rights action, alleging causes of action pursuant to 42 U.S.C. § 1983, 42 U.S.C. § 1985(3), and state law, arising out of a sexual assault by Randy Fowler, a former police officer for the North Sioux City Police Department. The district court granted summary judgment in favor of former Chief of Police Scott Price, Mayor William Merrill, and North Sioux City, South Dakota. In this appeal, Andrews contends...

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