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LAWYER v. CITY OF COUNCIL BLUFFS

No. 03-1032.

361 F.3d 1099 (2004)

Timothy LAWYER; Michael Lawyer, Plaintiffs — Appellants, v. CITY OF COUNCIL BLUFFS, a municipal corporation; Defendant, John Clark, individually and in his official capacity as a Council Bluffs police officer; Dan Newby, individually and in his official capacity as a Council Bluffs police officer, Defendants — Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 26, 2004.

Attorney(s) appearing for the Case

William C. Dunning, argued, St. Louis, MO (Gregory C. Mollett, on the brief), for appellant.

Michael A. Sciortino, argued, Council Bluffs, IA, for appellee.

Before LOKEN, Chief Judge, MELLOY and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Timothy and Michael Lawyer appeal the district court's1 grant of summary judgment in favor of police officers John Clark and Dan Newby in this lawsuit arising from a traffic stop in Council Bluffs, Iowa. We affirm.

I.

On March 26, 1999, at approximately 2:24 a.m., Officer John Clark of the Council Bluffs Police Department stopped Michael Lawyer for driving 85 miles per hour in a 55 mile-per-hour...

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