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BELL v. FOWLER

No. 95-3571.

99 F.3d 262 (1996)

Bonnie BELL, Plaintiff-Appellant, v. Randy Alan FOWLER, individually and in his capacity as an officer with the City of North Sioux City, South Dakota; Scott Price, individually and in his capacity as former Chief of Police of the City of North Sioux City, South Dakota Police Department; William C. Merrill, individually and in his capacity as Mayor of the City of North Sioux City, South Dakota; City of North Sioux City, South Dakota, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 23, 1996.

Attorney(s) appearing for the Case

Michael F. Marlow, Yankton, SD, argued (Shane D. Buntrock, on the brief), for Plaintiff-Appellant.

Timothy R. Shattuck, Souix Falls, SD, argued (Gary P. Thimsen and Tim R. Shattuck, on the brief), for Defendants-Appellees Price, Merrill and City of North Souix City, S.D.

Mark W. Haigh, Souix Falls, SD, on the brief, for Defendant-Appellee Fowler.

Before HANSEN, ROSS, and JOHN R. GIBSON, Circuit Judges.

HANSEN, Circuit Judge.

Bonnie Bell filed this action pursuant to 42 U.S.C. § 1983 and 42 U.S.C. § 1985(3), based on an incident where she was sexually assaulted by former police officer Randy Alan Fowler, and the other defendants' subsequent failure to investigate her charges against Fowler. Bell also alleged several pendent South Dakota state law claims based on the incident. The district court1 concluded that all of Bell's...

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