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BOSWELL v. SHERBURNE COUNTY

No. 87-5187.

849 F.2d 1117 (1988)

Wanda Charlene BOSWELL, individually and as personal representative of the Estate of Joseph Boswell, Appellee, v. The COUNTY OF SHERBURNE, Richard Witschen, Sheriff of Sherburne County, individually and in his official capacity; John Doe Daniels, Chief Jailer, Sherburne County Jail, individually and in his official capacity; Valerie Lero, Jailer, Sherburne County Jail, individually and in her official capacity; Nancy Riecken, Jailer, Sherburne County Jail, individually and in her official capacity, Appellants, Donny Dorf, Jailer, Sherburne County Jail, individually and in his official capacity; City of Elk River, Elk River Fire & Ambulance Service, Steven Dittbenner, Ralph Barsody, John Follmer.

United States Court of Appeals, Eighth Circuit.

Decided June 21, 1988.

Rehearing and Rehearing Denied August 11, 1988.

Attorney(s) appearing for the Case

Joseph Marshall, Circle Pines, Minn., for appellants.

Marc Slonim, Seattle, Wash., for appellee.

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

Rehearing and Rehearing En Banc Denied August 11, 1988.

MAGILL, Circuit Judge.

I. INTRODUCTION.

Richard Witschen, Sheriff of Sherburne County, Minnesota; Steven Daniels,* chief jailer, Sherburne County Jail; Valerie Lero, jailer, and Nancy Riecken, jailer, (collectively, appellants) together appeal from a district court1 order denying their motion for summary judgment. The district court disagreed...

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