MURRAY v. CITY OF SIOUX FALLS

No. 87-5452.

867 F.2d 472 (1989)

Arnold MURRAY, Appellant, v. CITY OF SIOUX FALLS, a municipal corporation; Harold Hanson, individually and in his official capacity; Rhonda Jensen, individually and in her official capacity; and the Sioux Falls Police Department, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 8, 1989.


Attorney(s) appearing for the Case

Peter Gregory, Sioux Falls, S.D., for appellant.

Gary P. Thimsen, Sioux Falls, S.D., for appellees.

Before LAY, Chief Judge, BROWN, Senior Circuit Judge, and WOLLMAN, Circuit Judge.


LAY, Chief Judge.

Arnold Murray is the general partner of a limited partnership that owns Murray Apartments, located in Sioux Falls, South Dakota (the City). On February 29, 1984, it came to the attention of Rhonda Jensen, a Sioux Falls parking patrol officer, that snow had accumulated on the sidewalk at the Murray Apartments. Jensen contacted Murray and informed him that he would be arrested if he did not remove the snow from the sidewalk. Murray refused to comply...

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