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BROUHARD v. LEE

Nos. 96-4041, 96-4059.

125 F.3d 656 (1997)

Jo Dee BROUHARD, Kenneth Nels Doll, Kathleen Field, Ronald Eugene Hollar, Cherri Ann McKay, Twyla Jane Peery, Richard Glen Stover, Richard Edward Wasson, Robert Eugene Williams, Sarah Leah Johnson, Rocky Lee Harmon, Raymond Julius Herron, Ronald Gene Narx, Andrew James Finken, David Eugene Todd, Christian Paul Lane, Michael Ray Potter, and Tamara Gem Peltier, Plaintiffs, Jamie Thrash-Rohde, Plaintiff-Appellant, v. Andy LEE, individually and as Sheriff of Benton County, Arkansas; Gunter Lindermeir; Mark Pitts; Mark Unidano; all individually and as Benton County Deputy Sheriffs; and the following law enforcement officers, all individually and as Benton County Deputy Sheriffs, Officers John Doe # 1-10, Defendants-Appellees. Jo Dee BROUHARD, Kenneth Nels Doll, Kathleen Field, Ronald Eugene Hollar, Cherri Ann McKay, Twyla Jane Peery, Richard Glen Stover, Richard Edward Wasson, Robert Eugene Williams, Sarah Leah Johnson, Rocky Lee Harmon, Raymond Julius Herron, Ronald Gene Narx, Andrew James Finken, David Eugene Todd, Christian Paul Lane, Michael Ray Potter, and Tamara Gem Peltier, Plaintiffs-Appellants, Jamie Thrash-Rohde, Plaintiff, v. Andy LEE, individually and as Sheriff of Benton County, Arkansas; Gunter Lindermeir; Mark Pitts; Mark Unidano; all individually and as Benton County Deputy Sheriffs; and the following law enforcement officers, all individually and as Benton County Deputy Sheriffs, Officers John Doe # 1-10, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 23, 1997.

Attorney(s) appearing for the Case

Edmundo G. Rogers, Rogers, AR, argued, for appellant Jamie Thrash-Rohde in 96-4041.

Doug Norwood, Rogers, AR, argued, for appellants in 96-4059.

Steven Holt, Little Rock, AR, argued (Robert A. Russell, Jr., Little Rock, AR, on the brief), for appellees.

Before MURPHY and HEANEY, Circuit Judges, and ROSENBAUM,

ROSENBAUM, District Judge.

Nineteen motorists, who were arrested at "sobriety checkpoints" operated by the Benton County, Arkansas, Sheriff's Department, bring this appeal. All were charged with driving while intoxicated ("DWI") during the operation of these checkpoints.

The appellants ("Motorists") assert claims under 42 U.S.C. § 1983. They claim appellees, the Benton County Sheriff and his deputies, violated...

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