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TAUKE v. STINE

No. 96-3975.

120 F.3d 1363 (1997)

Wayne TAUKE, Assignee of the Estate of Dale R. Tauke, Appellant, v. Mark STINE; Leo Kennedy, Sheriff, Individually and as Sheriff of Dubuque County, Iowa; Robert W. Elliott; Robert Fellin; and Jeff Ritzman, Appellees, and Paul Wiech, Individually and as Commissioner of the Iowa Department of Public Safety; Iowa Department of Public Safety; Earl Usher, Individually and as Commander of the Iowa Highway Safety Patrol; Iowa Highway Safety Patrol; and Dubuque County, Iowa, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided August 1, 1997.

Attorney(s) appearing for the Case

Dave Hughes, cascade, IA, argued, for Appellant.

Jeffrey D. Farrell, Assistant Attorney General, Des Moines, IA, argued, for Appellees.

Before RICHARD S. ARNOLD, Chief Judge, and BOWMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is an appeal by Wayne Tauke, the brother of Dale Tauke, from orders dismissing his complaint against Sheriff Leo Kennedy and granting summary judgment in favor of the remaining defendants, four state law enforcement officers. We affirm the lower court.1

I.

This case, brought under 42 U.S.C. § 1983, arises from an incident at Dale Tauke's farm in Iowa in which various state...

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