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McCOY v. CITY OF MONTICELLO

Nos. 02-2941, 02-2942.

342 F.3d 842 (2003)

Ronnie McCoy; Lori McCoy, Appellees/Cross Appellants v. City of Monticello; Mayor Harold West; Monticello Police Department; Police Chief Sam Norris, Defendants/Cross Appellees, Ken Ouellette, Appellant/Cross Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 8, 2003.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Mark A. Hagemeier of North Little Rock, AR. David Hoffman of North Little Rock, AR appeared on the brief.

Counsel who presented argument on behalf of the appellee was C.S. "Chuck" Gibson, II of Dermott, AR.

Before HANSEN, Chief Judge, RILEY and MELLOY, Circuit Judges.

RILEY, Circuit Judge.

On December 31, 2000, Ken Ouellette (Ouellette), an auxiliary police officer with the Monticello Police Department, participated with Officer Hank Hollinger (Hollinger) in a police pursuit of a vehicle driven by Ronnie McCoy (McCoy). The pursuit ended when police forced McCoy's truck off the ice-covered road into a ditch. As Ouellette approached the vehicle with his gun drawn, he fell on the ice, his gun discharged, and a bullet struck McCoy...

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