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SWINK v. CITY OF PAGEDALE

No. 85-2384.

810 F.2d 791 (1987)

Gregory R. SWINK, Appellant, v. CITY OF PAGEDALE, Daniel J. O'Connor and Tony D. Gibson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 2, 1987.

Attorney(s) appearing for the Case

Ernest L. Keathley, Jr., St. Louis, Mo., for appellant.

Frank Susman, St. Louis, Mo., for appellees.

Before BOWMAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MORRIS S. ARNOLD, District Judge.

BOWMAN, Circuit Judge.

Gregory R. Swink appeals from a judgment in favor of the City of Pagedale, Missouri and two of its police officers, Daniel J. O'Connor and Tony D. Gibson. Swink, who is black, brought suit pursuant to 42 U.S.C. § 1983 alleging that while in police custody on September 3, 1981, he was beaten with a blackjack by Gibson while O'Connor, a superior officer, watched but did not intervene. Swink further alleged that the failure of the City to...

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