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KESSLER v. BAROWSKY

No. 21672.

931 P.2d 634 (1996)

129 Idaho 640

Lenore KESSLER, individually, and as Personal Representative of the Estate of Bobbie F. Kessler, deceased, Plaintiff-Appellant, v. Bob BAROWSKY, Payette County, State of Idaho Department of Law Enforcement, Richard L. Cade, Ronald Moore, David L. Neal, Stephen C. Jones, Michael R. Nauman, David L. Case, and Wayne March, Jr., Defendants-Respondents.

Court of Appeals of Idaho.

January 31, 1996.

Attorney(s) appearing for the Case

Jim Jones & Associates, Boise, for appellant. John C. McCreedy argued.

Quane, Smith, Howard & Hull, Boise, for respondent State of Idaho Department of Law Enforcement. Phillip J. Collaer argued.

Hamlin & Sasser, Boise, for respondents Bob Barowsky and Payette County. James D. Carlson argued.

WALTERS, Chief Judge.

Lenore Kessler, individually and as personal representative of the estate of Bobbie F. Kessler, her deceased husband, appeals from a summary judgment dismissing her claims of negligence, asserted under the Idaho Tort Claims Act, and her claim that police officers used excessive force in effecting her husband's arrest, in violation of his civil rights pursuant to 42 U.S.C. § 1983. For the reasons stated, we affirm.

FACTUAL AND PROCEDURAL...

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