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POWELL v. BURNS

No. 84-2019.

763 F.2d 337 (1985)

Pauline V. POWELL, Administratrix for the Estate of James E. Powell, Deceased, Appellant, v. Jimmy BURNS, Individually and as a State Highway Patrolman of the State of Nebraska, Appellee. Emil Kohmetscher, Individually and as the Colonel of the State of Nebraska Highway Patrol.

United States Court of Appeals, Eighth Circuit.

Decided May 31, 1985.

Attorney(s) appearing for the Case

William T. Ginsburg, Omaha, Neb., for appellant.

L. Jay Bartel, Lincoln, Neb., for appellee.

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

FAGG, Circuit Judge.

Pauline Powell brought suit in district court under federal and state laws for damages resulting from the shooting death of her son, James Powell, at the hand of Nebraska Highway Patrolman Jimmy Burns. The district court entered judgment on a jury verdict in favor of Burns, and Powell appeals. We affirm.

On November 23, 1980, Burns stopped James Powell for traffic violations on an interstate highway near Omaha, Nebraska, after a lengthy...

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