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MORAN v. CLARKE

No. 03-2055.

359 F.3d 1058 (2004)

Thomas MORAN, Plaintiff/Appellee, v. Anne-Marie CLARKE; Robert Haar; Wayman F. Smith, III; Jeffery Jamison; Clarence Harmon, comprising the Board of Police Commissioners for the City of St. Louis; Ronald Henderson; Paul M. Nocchiero; Gregory Hawkins; Al Klein; Willie Thirdkill, Defendants/Appellants. Jack Huelsmann; William Kusmec; William Swiderski; Richard Booker, Jr.; Terrence DuPree; Barry Greene; Steven Petty; Harvey Laux, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: February 26, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Priscilla F. Gunn of St. Louis, MO. Brian D. Kennedy of St. Louis appeared on the brief.

Counsel who presented argument on behalf of the appellee was Eli Karsh. Stanley E. Goldstein appeared on the brief.

Before MORRIS SHEPPARD ARNOLD, BEAM, and MELLOY, Circuit Judges.

BEAM, Circuit Judge.

This case returns to our court upon the district court's denial of the Appellants' motion for summary judgment based on qualified immunity. Because it was clearly established at all relevant times that the conduct at issue in this litigation would amount to a substantive due process violation, we affirm.

I. BACKGROUND

The lengthy and involved facts of this unfortunate case are detailed in our prior en banc opinion, Moran v...

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