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FREEMAN v. FERGUSON

No. 89-1405.

911 F.2d 52 (1990)

Kimberly Dawn FREEMAN, individually and as Administratrix of the Estate of Geraldine H. Downen, Deceased and Valerie D. Downen, Deceased, Appellant, v. Ronnie FERGUSON, individually and in his official capacity as Chief of Police of Dumas Police Department; Mark Norris, individually and in his official capacity as an Officer of the Dumas Police Department; Dwight Caldwell, individually and in his official capacity as an officer of the Dumas Police Department; Jessie Margaret Free, individually and in her official capacity as Mayor of Dumas Arkansas; City of Dumas, Arkansas; and Dumas Police Department, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 6, 1990.

Attorney(s) appearing for the Case

Bill R. Holloway, McGehee, Ark., for appellant.

Brian Brown, Little Rock, Ark., for appellees.

Before McMILLIAN, Circuit Judge, MAGILL, Circuit Judge, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

Appellant asserts that the District Court erred in dismissing her cause of action under Rule 12(b)(6). The thrust of appellant's claim is that appellees, a municipality, the city police department, and municipal and police department employees, acted in violation of the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution and in violation of provisions of the Arkansas Constitution, through the course of conduct...

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