SCHEELER v. CITY OF ST. CLOUD

No. 04-2800.

402 F.3d 826 (2005)

Delroy C. SCHEELER, individually and on behalf of Craig A. Scheeler; Rhonda L. Scheeler, individually and as Trustee on behalf of Craig A. Scheeler, Appellants, v. CITY OF ST. CLOUD, MINNESOTA; County of Stearns, Minnesota; Dennis O'Keefe, individually and in his former official capacity as Chief of Police for the City of St. Cloud, Minnesota; Larry Meyer, individually and in his former official capacity as Mayor of the City of St. Cloud, Minnesota; David Fredrickson, individually and in his official capacity as Medical Examiner for the County of Stearns, Minnesota; Lee Mayavski, individually and in his official capacity as a Police Officer for the City of St. Cloud, Minnesota and a Deputy Medical Examiner for the County of Stearns, Minnesota; David Johnson, individually and in his official capacity as a Police Officer for the City of St. Cloud, Minnesota; Gary Leininger, individually and in his official capacity as a Police Officer/Evidence Technician for the City of St. Cloud, Minnesota; David LaBeaux, individually and in his official capacity as a Police Officer for the City of St. Cloud, Minnesota, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 31, 2005.


Attorney(s) appearing for the Case

Ronald J. Walsh, argued, Minneapolis, MN, for appellant.

Jon K. Iverson, argued, Bloomington, MN, for appellee.

Before MELLOY, HEANEY, and FAGG, Circuit Judges.


HEANEY, Circuit Judge.

Delroy C. and Rhonda L. Scheeler (the Scheelers) brought a claim pursuant to 42 U.S.C. § 1983 against the City of St. Cloud, Stearns County, and various city and county officials (the defendants) after the death of their son, Craig Scheeler. Craig Scheeler died after suffering a gunshot wound to his head. The police investigation concluded that the wound was accidentally self-inflicted when Craig Scheeler was playing Russian Roulette. The...

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