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OTEY v. MARSHALL

No. 96-3291.

121 F.3d 1150 (1997)

Virgie Lee OTEY, Administratrix of the Estate of Charles Otey, deceased, Appellee, v. Melvin MARSHALL, Individually and in his official capacity as a Law Enforcement Officer in the City of Elaine Police Department, Phillips County, Arkansas; Larry Smith, Individually and in his Official Capacity as Chief of Police of the City of Elaine, Arkansas Police Department, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1997.

Attorney(s) appearing for the Case

Jeanette Denham, North Little Rock, AR, argued, for Appellant.

Stephen Ryals, Clayton, MO, argued (Louis A. Etoch, Helena, AR and Mark Levine, Chicago, IL, on the brief), for Appellee.

Before LOKEN, MAGILL, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MAGILL, Circuit Judge.

Larry Smith was the police chief of Elaine, Arkansas, when Charles Otey was killed by an Elaine police officer. The administrator of Otey's estate brought this 42 U.S.C. § 1983 (1994) suit against Chief Smith, alleging that Chief Smith had failed to supervise and train the officer who had killed Otey. Chief Smith moved the district court for summary judgment on the ground of qualified immunity...

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