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KROUT v. GOEMMER

Nos. 08-2781, 08-2815.

583 F.3d 557 (2009)

Sandy KROUT, individually and as Administratrix of the Estate of Bobby Joe Rylee, deceased, and survivors other, Plaintiff/Appellee, v. Lee GOEMMER, individually, Police Officer for the City of Russellville; Bobby Stevens, individually, Police Officer for the City of Russellville; Keith Spears, individually, Police Officer for the City of Russellville; Terry Cobb, individually, Police Officer for the City of Russellville; Todd Winesburg, individually, Police Officer for the City of Russellville, Defendants, Luke Sawdy, individually, Supervisor of Jail for Pope County; Chris Ketcherside, individually, Correctional Officer for Pope County, Arkansas; Chris Johnston, individually, Correctional Officer for Pope County, Arkansas; Kevin Hill, individually, Correctional Officer for Pope County, Arkansas, Defendants/Appellants. Sandy Krout, individually and as Administratrix of the Estate of Bobby Joe Rylee, deceased, and survivors other, Plaintiff/Appellee, v. Lee Goemmer, individually, Police Officer for the City of Russellville; Bobby Stevens, individually, Police Officer for the City of Russellville; Keith Spears, individually, Police Officer for the City of Russellville; Terry Cobb, individually, Police Officer for the City of Russellville; Todd Winesburg, individually, Police Officer for the City of Russellville, Defendants/Appellants, Luke Sawdy, individually, Supervisor of Jail for Pope County; Chris Ketcherside, individually, Correctional Officer for Pope County, Arkansas; Chris Johnston, individually, Correctional Officer for Pope County, Arkansas; Kevin Hill, individually, Correctional Officer for Pope County, Arkansas, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: October 6, 2009.

Attorney(s) appearing for the Case

C. Burt Newell, argued, Hot Springs, AR, for appellants Sawdy, Ketcherside, Johnston, and Hill.

Matthew Keith Wren, argued, Little Rock, AR, Robert L. Beard, on the brief, North Little Rock, AR, on the brief, for appellants Goemmer, Stevens, Spears, Cobb, and Winesburg.

Charles D. Harrison, argued, Little Rock, AR, Phillip H. McMath, Little Rock, AR, Richard H. Mays, Heber Springs, AR, on the brief, for appellee.

Before LOKEN, Chief Judge, COLLOTON, Circuit Judge, and ROSENBAUM, District Judge.

COLLOTON, Circuit Judge.

Bobby Joe Rylee died after an altercation with police officers in Russellville, Arkansas, and a period of detention in the Pope County Detention Center. Sandy Krout, individually and as administratrix of Rylee's estate, brought an action under 42 U.S.C. § 1983 against five Russellville police officers and four Pope County correctional officers in their individual capacities. She alleged that the police officers used excessive force against...

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