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GARDNER v. BUERGER

No. 95-2635EM.

82 F.3d 248 (1996)

Diane GARDNER; Kermit Gardner; Amy Gardner; Jesse Gardner; Sarah Gardner, by and through their next friend and natural mother Diane Gardner, Appellants, v. Walter BUERGER, "Buck" Sheriff of Jefferson County, Missouri, as an individual and in his official capacity; C. Partain, Deputy Sheriff of Jefferson County, Missouri, as an individual and in his official capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 29, 1996.

Attorney(s) appearing for the Case

E.D. Lofftus, Fenton, MO, argued, for appellant.

William A. Hellmich, St. Louis, MO, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, JOHN R. GIBSON and BOWMAN, Circuit Judges.

RICHARD S. ARNOLD, Chief Judge.

This is a civil-rights case. Deputy Sheriff Charles Partain, a Jefferson County, Missouri, police officer, shot and killed Charles Gardner while serving an ex parte order of protection. Mr. Gardner's wife, Diane Gardner, sued Deputy Partain and Jefferson County Sheriff Walter Buerger under 42 U.S.C. § 1983. She claimed that Deputy Partain used excessive force when he shot Mr. Gardner, and that Sheriff Buerger failed to train...

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