RAFAELI v. DEGONIA

No. 98-1301.

156 F.3d 891 (1998)

Boaz RAFAELI, Appellant, v. David DEGONIA, Cliff Kierstaed, and the City of Kirkwood, Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 1, 1998.


Attorney(s) appearing for the Case

Mark D. Hirschfield, Clayton, MO, for Appellant.

John F. Cooney, St. Louis, Mo (David Degonia and Cliff Kierstaed, on the brief), for Appellee.

Before RICHARD S. ARNOLD, BEAM, and HANSEN, Circuit Judges.


RICHARD S. ARNOLD, Circuit Judge.

Boaz Rafaeli brought this action against the City of Kirkwood and two individuals under 42 U.S.C. § 1983. The case arises out of the towing of Mr. Rafaeli's car, which was done in a manner he contends deprived him of his property without due process of law, in violation of the Fourteenth Amendment.

The case was tried to a jury. At the conclusion of plaintiff's evidence, the District Court1

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