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McCOY v. CITY OF MONTICELLO

No. 03-3668.

411 F.3d 920 (2005)

Ronnie McCOY; Lori McCoy, Appellants, v. CITY OF MONTICELLO; Harold West, Mayor; Monticello Police Department; Sam Norris; Ken Ouelette, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 16, 2005.

Attorney(s) appearing for the Case

Chuck S. Gibson, argued, Dermott, Arkansas, for appellant.

Erida Gee Ross, argued, North Little Rock, Arkansas (David Hoffman, on the brief), for appellee.

Before RILEY, JOHN R. GIBSON, and GRUENDER, Circuit Judges.

RILEY, Circuit Judge.

On December 31, 2000, Ken Ouelette (Officer Ouelette), an auxiliary police officer with the Monticello Police Department, engaged in a police pursuit of a vehicle driven by Ronnie McCoy (McCoy). The pursuit ended when the police forced McCoy's vehicle off the ice-covered road into a ditch. With his firearm drawn, Officer Ouelette ran towards McCoy's vehicle, slipped, and fell on the ice. Upon falling, Officer Ouelette's gun accidentally discharged...

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