WINKEL v. RESERVE OFFICER OF CITY OF BELOIT, KAN.

No. 89-4268-R.

773 F.Supp. 1487 (1991)

Dan WINKEL, Plaintiff, v. RESERVE OFFICER OF CITY OF BELOIT, KANSAS, and Deputy Sheriff of Mitchell County, Kansas, Jon A. Peffly, as an individual and in his official capacity as a Deputy Sheriff and/or agent of Mitchell County, Kansas; Officer Larry Batt of the City of Beloit, Kansas, as an individual and in his official capacity as a Deputy Sheriff and/or agent of Mitchell County, Kansas; Sheriff of Mitchell County, Kansas, Douglas Daugherty, as an individual and in his official capacity; and the Board of County Commissioners of Mitchell County, Kansas, Defendants.

United States District Court, D. Kansas.

September 23, 1991.


Attorney(s) appearing for the Case

Lee R. Barnett, Wakarusa, Kan., for plaintiff.

James S. Pigg, Fisher, Patterson, Sayler & Smith, Topeka, Kan., for defendants.


MEMORANDUM AND ORDER

ROGERS, District Judge.

This action is brought under 42 U.S.C. § 1983 and state tort law theories. Crossmotions for summary judgment are pending. After carefully reviewing the pleadings of the parties, the court shall grant defendants' motion for summary judgment as to plaintiff's federal law claims and deny plaintiff's motion for partial summary judgment.

Under FED.R.CIV.P. 56, summary judgment shall be rendered if the...

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