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DELEW v. WAGNER

No. 97-15778.

143 F.3d 1219 (1998)

Michael C. DELEW; Michael C. Delew, as Special Administrator of the Estate of Erin Rae Delew; Erin Rae Delew, Estate of; H. Roy Mayberry; Vickie Mayberry, Plaintiffs-Appellants, v. Janet Kathleen WAGNER; Las Vegas Metro Police Department; State Of Nevada; Nevada Highway Patrol; Edward Jensen, Lieutenant; Richard Womack, Sergeant; Curtis Albert, Sergeant; Thomas Harmon, Sergeant; Richard Hart, Detective; William Johnson, Detective; William Smith, Officer; Keith Bowers, Officer; David Wagner, Officer; Greg Goen, Officer; William Adamson, Sergeant; Harvey Weatherford, Sergeant; Joseph A. Smith, Trooper; Garth Gardner, Trooper; Joseph Wyngard, Trooper; James Brannum, Trooper, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 11, 1998.

Attorney(s) appearing for the Case

Timothy M. Rastello, Holland & Hart, Denver, Colorado, for plaintiffs-appellants.

Keith Edwards, Edwards, Hale & Sturman, Bridgette Branigan, Deputy Attorney General, Peter M. Angulo, Rawlings, Olson, Cannon Gormley & Desruisseaux, Las Vegas, Nevada, for defendants-appellees.

Before: SNEED, WOOD, and O'SCANNLAIN, Circuit Judges.

SNEED, Circuit Judge:

Plaintiffs Michael C. Delew and H. Roy and Vickie Mayberry ("the Delews")1 appeal the district court's dismissal of their suit under 42 U.S.C. § 1983. We must decide whether the Delews' complaint states a claim for relief under section 1983. We conclude that it does. We therefore remand with instructions consistent with this opinion.

I.

BACKGROUND

Erin Rae Delew died when her bicycle...

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