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PARKS v. POMEROY

No. 03-2043.

387 F.3d 949 (2004)

Tamara Jean PARKS, individually and as Trustee for the heirs and next of kin of Perry Michael Parks, Appellee, v. Michael POMEROY, in his individual capacity as an officer of the Woodbury Police Department, Appellant. Jeff Gottstein, in his individual capacity as an officer of the Woodbury Police Department; City of Woodbury, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: November 5, 2004.

Rehearing and Rehearing Denied December 20, 2004.

Attorney(s) appearing for the Case

Joseph E. Flynn, argued, Lake Elmo, MN (Pierre N. Regnier, on the brief), for appellant.

Robert Bennett, argued, Minneapolis, MN (Eric Hageman, on the brief), for appellee.

Before MELLOY, McMILLIAN and COLLOTON, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 20, 2004.

MCMILLIAN, Circuit Judge.

Tamara Jean Parks ("plaintiff") brought this § 1983 civil rights action in the United States District Court for the District of Minnesota on behalf of herself and the heirs and next of kin of her deceased husband, Perry Michael Parks ("Parks") against the City of Woodbury, Minnesota, and Woodbury police officers Michael Pomeroy and Jeff Gottstein. In her complaint, plaintiff...

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