JONES v. GUTSCHENRITTER

No. 89-1431.

909 F.2d 1208 (1990)

Marlin E. "Bill" JONES, Appellant, v. Martin GUTSCHENRITTER, individually and in his capacity as Chief of Police of North Platte, Nebraska, and Rich Thompson, individually and in his official capacity as police officer for the City of North Platte, Nebraska, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1990.


Attorney(s) appearing for the Case

David Jorgensen, Kearney, Neb., for appellant.

William T. Wright, Kearney, Neb., for appellees.

Before McMILLIAN, JOHN R. GIBSON and BOWMAN, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Marlin E. "Bill" Jones appeals a district court order dismissing his suit, filed under 42 U.S.C. § 1983 (1982), for lack of subject-matter jurisdiction. Jones argues that the district court erred in determining that the actions taken by Officer Richard Thompson, the appellee in this matter, did not constitute state action. We reverse and remand to the district court.

In March of 1985, Jones and Kenneth Larsen entered into...

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