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SINCLAIR v. CITY OF DES MOINES, IOWA

No. 01-1050.

268 F.3d 594 (2001)

Mary Elaine SINCLAIR, As Administrator of the Estate of Adam Lawrence Clark, Plaintiff-Appellant, v. CITY OF DES MOINES, IOWA; Michael McBride, Individually and in the official capacity as a Des Moines Police Officer; Timothy Peak, Individually and in the official capacity as a Des Moines Police Officer, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 11, 2001.

PER CURIAM.

Mary Elaine (Kirsch) Sinclair, as administrator of the estate of Adam Lawrence Clark, brought a 42 U.S.C. § 1983 action against the City of Des Moines ("City") and two police officers, Michael McBride and Timothy Peak, based on an alleged use of excessive force. Sinclair contends that Officers Peak and McBride shot and killed her son in violation of the Fourth Amendment during a routine investigation of a reported assault and battery.

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