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BARNEY v. PULSIPHER

No. 96-4192.

143 F.3d 1299 (1998)

Susan BARNEY, Kathy Christensen, Plaintiffs-Appellants, v. Gerald R. PULSIPHER, individually and in his Official Capacity, Defendant, Box Elder County, Utah, a political subdivision of the State of Utah; Robert E. Limb; Lee Allen, Commissioner, in his official capacity; James White, Commissioner, in his official capacity; Allen Jensen, Commissioner, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 1, 1998.

Attorney(s) appearing for the Case

Kathryn Collard, of The Law Firm of Kathryn Collard, L.C., Salt Lake City, UT (David Bert Havas and Sharon S. Sipes, of Gridley, Ward, Havas, Hamilton & Shaw, Ogden, UT, with her on the brief), for Plaintiffs-Appellants.

Karra J. Porter, of Christensen & Jensen, P.C. (Dale J. Lambert, of Christensen & Jensen, with her on the brief, Salt Lake City, UT), for Defendants-Appellees.

Before SEYMOUR, Chief Judge, ANDERSON, and HENRY, Circuit Judges.

SEYMOUR, Chief Judge.

While serving 48-hour sentences for minor offenses at Box Elder County Jail in Utah, Kathy Christensen and Susan Barney were on separate occasions sexually assaulted by jailer Gerald Pulsipher. Ms. Christensen and Ms. Barney each brought suit against Gerald Pulsipher, Box Elder County, Sheriff Robert Limb, and County Commissioners Lee Allen, James White, and Allen Jensen under 42 U.S.C. § 1983 alleging violations under the First, Eighth...

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