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WALTON v. DAWSON

No. 12-4000.

752 F.3d 1109 (2014)

Cody Lee WALTON, Plaintiff-Appellee v. Robert DAWSON, Defendant-Appellant Jon Dwiggins; Nathaniel Eugene Flennory; Drew Belt; Alan R. Wyatt; Unknown Deputy, Defendants David Moore, Defendant-Appellant Michael Shively, Macon County Deputy Sheriff in his official and individual capacity; Adair County Commission, in their official capacity; Unknown Macon County Deputy, Sheriff in his official and individual capacity; Gary D. Jones, Commissioner of Adair County, Missouri, in his individual and official capacity; Robert T. Hardwick, Sheriff of Adair County, Missouri, in his individual and official capacity, Defendants

United States Court of Appeals, Eighth Circuit.

Filed: May 20, 2014.

Rehearing and Rehearing En Banc Denied June 30, 2014.

Attorney(s) appearing for the Case

John Boyd Morthland , Hannibal, MO ( Amy Lee Ohnemus , Hannibal, MO, on the brief), for appellant.

Stephen Sherman Wyse , Columbia, MO, for appellee.

Before RILEY, Chief Judge, BYE and GRUENDER, Circuit Judges.

RILEY, Chief Judge.

While in pretrial detention at the Macon County Jail (jail) in Missouri, Cody Lee Walton was the victim of a sexual assault. A troubled youth who bounced in and out of foster care, Walton was nineteen years old and weighed 135 pounds at the time of the assault. The thirty five year old rapist, Nathan Flennory, was a 195-pound registered sex offender with a history of violence: he stood convicted of second-degree assault on a law enforcement officer...

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