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ROE v. HUMKE

No. 96-3952.

128 F.3d 1213 (1997)

Martha ROE, individually and as Mother and next friend of Jane Doe, a minor; Metropolitan National Bank, as Guardian of the Estate of Jane Doe, a minor, Appellants, v. Jack HUMKE, individually and in his official capacity as an officer in the City of Lonoke Police Department; Floyd Van Horn, individually and in his official capacity as Chief of the City of Lonoke Police Department, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 30, 1997.

Attorney(s) appearing for the Case

Christopher R. Heil, Little Rock, AR, argued (Morgan E. Welch, on the brief), for Appellants.

Ralph C. Ohm, Hot Springs, AR, argued, for Appellees.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN, Circuit Judge, and BEEZER, Circuit Judge.

WOLLMAN, Circuit Judge.

Martha Roe, suing individually and as the mother and guardian of Jane Doe, appeals from the district court's2 adverse grant of summary judgment in her 42 U.S.C. § 1983 action. The sole issue on appeal is whether defendant Jack Humke was acting under color of state law at the time he sexually assaulted Jane Doe. We conclude that he was not, and thus we affirm.

Because this is an appeal from the grant...

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