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HERRING v. CITY OF WHITEHALL

No. 85-1876.

804 F.2d 464 (1986)

Stanley D. HERRING and Carla Herring, Appellants, v. CITY OF WHITEHALL, City of Pine Bluff, Jefferson County, Bobby Young, Police Officer Whitehall, Gary Young, Jefferson County Sheriff Deputy, Randy Gurley, Whitehall Police Officer, William Friedhoff, Pine Bluff Police Officer, John Doe, Pine Bluff Officer in Charge of Citizens Uniform Complaints, all in their individual and official capacities, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 31, 1986.

Attorney(s) appearing for the Case

Richard Quiggle, Little Rock, Ark., for appellants.

Robert Tolson, Jr., Pine Bluff, Ark., for appellees.

Before HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.

PER CURIAM.

Plaintiffs, Stanley D. Herring and Carla Herring, appeal from the district court's dismissal, with prejudice, of their action. The district court entered the dismissal with prejudice because appellants failed to comply with the provisions of an earlier order dismissing the case without prejudice. We reverse and remand.

In their complaint appellants allege that Mr. Herring's constitutional rights were violated by defendants' use of excessive and...

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