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SWIPIES v. KOFKA

No. 03-1274.

348 F.3d 701 (2003)

Kenneth Harold SWIPIES, Appellee, v. Frank KOFKA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 3, 2003.

Attorney(s) appearing for the Case

James R. Villone, Sioux City, IA, for appellant.

Patrick Ingram, Iowa City, IA, for appellee.

Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Woodbury County Deputy Sheriff Frank Kofka appeals the district court's1 denial of his motion for summary judgment asserting qualified immunity in Kenneth Swipies's civil rights action. We affirm.

In July 2000, Mr. Swipies was having a two-week court ordered visitation with his twelve-year-old daughter, Kendra. Deputy Kofka drove past James Stark's residence and observed Kendra, Mr. Swipies...

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