EISCHEN v. MINNEHAHA COUNTY

No. 14491.

363 N.W.2d 199 (1985)

George EISCHEN, Plaintiff and Appellant, v. MINNEHAHA COUNTY, Lester Hawkey, Richard Schmitt and Hubert Benz, Individually and in their Respective Official Capacities, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 20, 1985.


Attorney(s) appearing for the Case

John N. Gridley III, Sioux Falls, for plaintiff and appellant.

Laird Rasmussen of Moore, Rasmussen, Sabers & Kading, Sioux Falls, for defendants and appellees.


WUEST, Acting Justice.

This appeal involves an action for damages for the alleged violation of appellant's civil rights under 42 U.S.C. § 1983 (1981). A jury trial was held on December 20, 1983. At the close of appellant's case, the trial court granted a defense motion for directed verdict. We affirm.

In reviewing a directed verdict, this court views the evidence in a light most favorable to the non-moving party and gives that party the benefit of all...

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