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AVALOS v. CITY OF GLENWOOD

No. 03-2861.

382 F.3d 792 (2004)

Sylvia AVALOS, Mother and next friend of Nicholas Vasquez, a minor and incapacitated person; Nicholas Vasquez; Miguel "Michael" Vasquez, Plaintiffs/Appellees, v. CITY OF GLENWOOD; City of Council Bluffs, IA; Mills County, IA; Harrison County, IA; Pottawattamie County, IA, Defendants/Appellants, Municipality A, Agency A; Agency B, Defendant, Southwest Iowa Multijurisdictional Drug Task Force, Defendant/Appellant, Unknown/Unnamed Defendants, Sued as John Doe I, John Doe II, John Doe III, John Doe IV and Jane Doe; Defendants, Gerald Wake, also known as Bo Wake, Defendant/Appellant, Dirk Lincoln, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: September 2, 2004.

Rehearing and Rehearing Denied October 7, 2004.

Attorney(s) appearing for the Case

Scott J. Beattie, argued, Des Moines, IA, for appellants.

John A. Kinney, argued, Omaha, NE (Gail E. Boliver and C.G. Jolly, on the brief), for appellees.

Before MORRIS SHEPPARD ARNOLD, RILEY, and COLLOTON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 7, 2004.

RILEY, Circuit Judge.

Detective Gerald Wake (Detective Wake) and several municipal defendants appeal the district court's denial of their motions for summary judgment based on qualified immunity to Detective Wake, and on the merits of the plaintiffs' substantive due process claims against the municipal defendants. Concluding Detective Wake is entitled to qualified immunity and the municipal defendants...

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