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BERRY v. CITY OF MUSKOGEE

Nos. 86-1934, 86-2003.

900 F.2d 1489 (1990)

Linnie Kay BERRY, individually and as natural mother and next friend of her three minor children whose natural father was Mark A. Berry, deceased; and as Personal Representative of the Estate of Mark A. Berry, deceased, Plaintiff-Appellee, v. CITY OF MUSKOGEE, OKLAHOMA, a Municipal Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 10, 1990.

Attorney(s) appearing for the Case

Jim T. Priest of McKinney, Stringer & Webster, Oklahoma City, Okl., for defendant-appellant.

Wayne Wells, Edmond, Okl., for plaintiff-appellee.

Before McKAY, LOGAN and TACHA, Circuit Judges.

LOGAN, Circuit Judge.

Defendant City of Muskogee (the City) appeals from a jury verdict in favor of plaintiff Linnie Kay Berry (Berry) in this 42 U.S.C. § 1983 suit. The City alleges that the district court erred by (1) not submitting the case to the jury under an Eighth Amendment standard, (2) denying the City's motions for a directed verdict and judgment notwithstanding the verdict for insufficiency of the evidence, (3) improperly instructing the jury on the...

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