HERNANDEZ v. JARMAN

Nos. 02-3519, 02-3520.

340 F.3d 617 (2003)

Sybil HERNANDEZ, Mother and Administrator of the Estate of Albert James Six Feathers, Plaintiff-Appellee, v. Brett JARMAN, Individually, Defendant-Appellant, State of South Dakota; Edgemont Police Department; Mary Kellogg, Individually and in her Official Capacity as a City Council Commissioner; Roger Le Vasseur, Individually and in his Official Capacity as a City Council Commissioner; William Clark, Individually and in his Official Capacity as a City Council Commissioner; Alex Asbridge, Individually and in his Official Capacity as a City Council Commissioner; L. George West, Individually and in his Official Capacity as a City Council Commissioner; Ted W. Hinesley, Individually and in his Official Capacity as Edgemont City Attorney; City of Edgemont; Jeffrey D. Tarrell, Individually; Martha Jarman, Individually and in her Official Capacity as a Deputy with the Fall River County Sheriff's Department; Fall River County Sheriff's Department; Fall River County, South Dakota; Robert Fazendin, Individually and in his Official Capacity as a Law Enforcement Officer with the Newcastle Police Department; Newcastle Police Department; City of Newcastle, Wyoming; John Does 1 through 5, Defendants. Sybil Hernandez, Mother and Administrator of the Estate of Albert James Six Feathers, Plaintiff-Appellee, v. Brett Jarman, Individually; State of South Dakota; Edgemont Police Department; Mary Kellogg, Individually and in her Official Capacity as a City Council Commissioner; Roger Le Vasseur, Individually and in his Official Capacity as a City Council Commissioner; William Clark, Individually and in his Official Capacity as a City Council Commissioner; Alex Asbridge, Individually and in his Official Capacity as a City Council Commissioner; L. George West, Individually and in his Official Capacity as a City Council Commissioner; Ted W. Hinesley, Individually and in his Official Capacity as Edgemont City Attorney; City of Edgemont, Defendants, Jeffrey D. Tarrell, Individually, Defendant-Appellant, Martha Jarman, Individually and in her Official Capacity as a Deputy with the Fall River County Sheriff's Department; Fall River County Sheriff's Department; Fall River County, South Dakota; Robert Fazendin, Individually and in his Official Capacity as a Law Enforcement Officer with the Newcastle Police Department; Newcastle Police Department; City of Newcastle, Wyoming; John Does 1 through 5, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: August 21, 2003.

Order Denying Petition for Rehearing and for Rehearing September 24, 2003.


Attorney(s) appearing for the Case

Donald P. Knudsen, argued, Rapid City, SD (James S. Nelson, on the brief), for appellant Jarman.

Edward C. Carpenter, Rapid City, SD, argued, for appellant Tarrell.

Robin L. Zephier, argued, Rapid City, SD (Charles Abourezk, on the brief), for appellee.

Before BOWMAN and BYE, Circuit Judges, and ERICKSEN, District Judge.


Order Denying Petition for Rehearing and for Rehearing En Banc September 24, 2003.

BOWMAN, Circuit Judge.

Jeffrey D. Tarrell, Sheriff of Fall River County, South Dakota, and Brett Jarman, Chief of Police of Edgemont, South Dakota (collectively "the officers"), appeal the District Court's denial of their motions for summary judgment on the basis of qualified immunity2 in a 42 U.S.C. § 1983 (2000) suit for damages filed against...

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