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SWEDLUND v. FOSTER

No. 21870.

657 N.W.2d 39 (2003)

2003 SD 8

Duane SWEDLUND and Ruth Swedlund, Plaintiffs and Appellees, v. Greg FOSTER, individually and in his official capacity as Custer County Sheriff; Roy Scherer, individually; Dan Engen, individually; Dave Baker, individually; Mike Rivers, individually; Jim Biesheuvel, individually; and Custer County, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 15, 2003.

Rehearing Denied February 20, 2003.

Attorney(s) appearing for the Case

Glen H. Johnson, Michael C. Loos of Johnson Eiesland Huffman and Clayborne, Rapid City, South Dakota, Attorneys for plaintiffs and appellees.

Donald P. Knudsen, James S. Nelson of Gunderson, Palmer, Goodsell and Nelson, Rapid City, South Dakota, Attorneys for defendants and appellants.

GORS, Acting Justice.

[¶ 1.] Duane and Ruth Swedlund (Swedlunds) sued Custer County Sheriff Greg Foster and five deputy sheriffs. Swedlunds claimed the law enforcement officers violated their civil rights under 42 U.S.C. § 1983. Swedlunds also brought state law tort claims for assault and battery, intentional infliction of emotional distress, false arrest, false imprisonment and trespass. The officers moved for summary judgment, claiming they were entitled...

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