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TURNEY v. WATERBURY

No. 03-2375.

375 F.3d 756 (2004)

Twylla Mae TURNEY, Appellant, v. Russell WATERBURY, individually and in his official capacity as Bennett County Sheriff; Bruce McMillin, individually and in his official capacity as Bennett County Deputy Sheriff; Tracy Merchen, individually and in her capacity as an employee of Bennett County; Bennett County Sheriff's Department; Bennett County, South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 19, 2004.

Rehearing and Rehearing Denied September 14, 2004.

Attorney(s) appearing for the Case

Robert Gusinsky, argued, Rapid City, SD, for appellant.

John Kevin Nooney, argued, Rapid City, SD, for appellee.

Before MURPHY, HEANEY, and MAGILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 14, 2004.

HEANEY, Circuit Judge.

Twylla Mae Turney brought this civil rights suit against the Bennett County Sheriff's Department, Bennett County, the State of South Dakota, Bennett County Sheriff Russell Waterbury, Chief Deputy Bruce McMillin, and jailer Tracy Merchen (collectively the Defendants) to recover damages related to the in-custody suicide of her son, Bill Keith Turney. The Defendants moved for summary...

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