EAGLE v. MORGAN

No. 95-3418.

88 F.3d 620 (1996)

David EAGLE, Plaintiff-Appellee, v. John D. MORGAN, Individually and in his official capacity as officer of the Jonesboro Police Department; Donna Bogard, Individually and in her official capacity as officer of the Jonesboro Police Department; David Allen, Individually and in his official capacity as officer of the Jonesboro Police Department; Terry Grooms, Individually and in his official capacity as officer of the Jonesboro Police Department; Jack McCann, Individually and in his official capacity as officer of the Jonesboro Police Department; Rohnny McDaniel, Individually and in his official capacity as officer of the Jonesboro Police Department, Defendants-Appellants, John Doe, an unknown person, Defendant, City of Jonesboro, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1996.


Attorney(s) appearing for the Case

Ralph Charles Ohm, argued, Hot Springs, Arkansas (David H. White, on the brief), for appellant.

R. James Lyons, argued, Jonesboro, Arkansas, for appellee.

Before MAGILL, FLOYD R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


FLOYD R. GIBSON, Circuit Judge.

David Eagle filed this suit against the City of Jonesboro (the "City") and various police officers employed by that municipality, seeking relief under 42 U.S.C. § 1983 (1994) and Arkansas tort law. The City and the officers presently appeal the district court's refusal to grant their motion for summary judgment. We reverse in part, dismiss in part, and remand for further proceedings.

I. BACKGROUND

In 1987, Wayne...

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