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GRAGG v. CITY OF OMAHA

Nos. 93-1587, 93-2256.

20 F.3d 357 (1994)

Joyce GRAGG, Personal Representative of the Estate of LeRoy Gragg, Plaintiff-Appellant, v. CITY OF OMAHA, a Municipal Corporation; Brenda J. Smith, Defendants-Appellees, Transit Authority of the City of Omaha, doing business as Metro Area Transit, Defendant. Joyce GRAGG, Personal Representative of the Estate of LeRoy Gragg, Plaintiff, v. CITY OF OMAHA, a Municipal Corporation; Brenda J. Smith, Defendants-Appellees, Transit Authority of the City of Omaha, doing business as Metro Area Transit, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 5, 1994.

Attorney(s) appearing for the Case

Daniel W. Ryberg, Omaha, NE, argued for appellant.

Thomas O. Mumgaard, Omaha, NE, argued (Herbert M. Fitle and Mary M. Elliston, on the brief), for appellee.

Before FAGG and WOLLMAN, Circuit Judges, and WRIGHT, District Judge.

PER CURIAM.

Off-duty City of Omaha police officer Brenda J. Smith saw a city bus drive over a sidewalk, knock a man to the ground, and drive away. Smith believed she had witnessed a hit-and-run personal injury accident. Unknown to Smith, the man was a passenger who got off the bus after pointing a gun at the bus driver. Seeing the man stand up and jog after the bus, Smith believed the man was trying to let the bus driver know the bus had hit him. By the time Smith...

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