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LOWE v. CONLEE

No. 83-2492.

742 F.2d 1140 (1984)

James E. LOWE and Rose Lowe, Appellants, v. Coolidge CONLEE, Sheriff of St. Francis County, Arkansas, Appellee, and Dwight Tosh, Sergeant of the Arkansas State Police, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 11, 1984.

Attorney(s) appearing for the Case

Richard E. Steck, Steck & Schofield, P.C., Chicago, Ill., Charles P. Allen, West Helena, Ark., for appellants.

Fletcher Long, Jr., Fletcher Long, Jr., P.A., Forrest City, Ark., for appellee, Coolidge Conlee.

Steve Clark, Atty. Gen. by James W. Cullum, Asst. Atty. Gen., Little Rock, Ark., for appellee Dwight Tosh.

Before LAY, Chief Judge, and ROSS and FAGG, Circuit Judges.

FAGG, Circuit Judge.

James E. and Rose Lowe brought suit under 42 U.S.C. § 1983 claiming that they were arrested without probable cause in violation of their civil rights. After the jury returned verdicts for the Lowes, the district court entered judgment notwithstanding the verdicts in favor of Sheriff Dwight Tosh and Sergeant Coolidge Conlee on the ground that the Lowes' underlying criminal convictions collaterally estopped them from claiming that their arrests...

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