LAMBERT v. CITY OF DUMAS

No. 99-1081.

187 F.3d 931 (1999)

Essalene LAMBERT, for herself and for the benefit of Marsenio Lambert, Khiry Smith, Toris Lambert, Nikkita Lambert, A'Bria Smith, Ashley Lambert, John Henry Lambert, Jr., Clifton Lambert, Raymond Lambert, Floristene Owens, Bettye Murry, Earnestine Jenkins, Diane Davis, Allie Johnson, and Linda Lambert, Heirs of the Estate of David Lambert, Deceased, Appellee, v. The CITY OF DUMAS, Arkansas; Chief Everett Cox, individually and as Chief of Dumas Police Department; Valerie Bradley, individually and as a police officer of the City of Dumas; Kevin Knight, individually and as a police officer of the City of Dumas; Randy Hilliard, individually and as a police officer of the City of Dumas; Michael Donigan, individually and as a police officer of the City of Dumas; Jane Doe No. 1; John Doe No. 1, individually and as police officers of the City of Dumas, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 9, 1999.


Attorney(s) appearing for the Case

David Harlan White, Hot Springs, AR, argued (Brian W. Albright, on the brief), for Appellant.

Jesse L. Kearney, Pine Bluff, AR, argued, for Appellee.

Before BEAM and MORRIS SHEPPARD ARNOLD, Circuit Judges, and KYLE, District Judge.


KYLE, District Judge.

On May 14, 1997, David Lambert ("Lambert") died in his jail cell at the Dumas, Arkansas Police Department. Essalene Lambert and her family brought this case under 42 U.S.C. § 1983, seeking recovery for unlawful arrest, excessive force, and wrongful death.2 The City of Dumas and members of its police department appeal the denial of their motion for summary judgment on the issue of qualified immunity. For the reasons...

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