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DRISCOLL v. SCHMITT

No. 80-1579.

649 F.2d 631 (1981)

Anthony DRISCOLL, Appellant, v. Parnell SCHMITT, Individually and as an Employee of the City of Cedar Rapids, Iowa; and the City of Cedar Rapids, Linn County, Iowa, a Municipal Corp.; and Donald Switzer, individually and as Deputy Sheriff of Linn County, Iowa; Orlie J. Workman as Sheriff of Linn County, Iowa; and Linn County, Iowa, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 2, 1981.

Attorney(s) appearing for the Case

J. R. Norris, Cedar Rapids, Iowa, for appellant Anthony Driscoll.

David F. McGuire, City Atty., Cedar Rapids, Iowa, for appellees Parnell Schmitt and City of Cedar Rapids, Iowa.

Craig Kelinson, Asst. County Atty. and Raymond R. Stefani of Silliman, Gray & Stapleton, Cedar Rapids, Iowa, for appellee Donald Switzer.

Before LAY, Chief Judge, ROSS, Circuit Judge, and VAN PELT, Senior District Judge.

PER CURIAM.

Anthony Driscoll brought suit in the northern district of Iowa under 42 U.S.C. § 1983 alleging that two officers who arrested him, defendants Schmitt and Switzer, their supervisors and municipal employers, used excessive force in the arrest causing him serious injury. Plaintiff requested substantial actual and punitive damages. Defendant Switzer counterclaimed for damages for injuries he allegedly received from Driscoll while trying to arrest him...

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