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HUGHES v. STOTTLEMYRE

No. 05-2774.

454 F.3d 791 (2006)

David HUGHES, Plaintiff-Appellant, v. Roger D. STOTTLEMYRE, Colonel, in his official capacity; James P. Ripley, as an individual and in his official capacity; Eric Wilhoit, as an individual and in official capacity; Vincent Ellis, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 19, 2006.

Attorney(s) appearing for the Case

Ferne P. Wolf, argued, St. Louis, Missouri (D. Eric Sowers), on the brief.

Theodore Allan Bruce, Assistant Attorney General, Jefferson City, Missouri (Jeremiah W. (Jay) Nixon, on the brief), for appellee.

Before BYE, HEANEY, and COLLOTON, Circuit Judges.

BYE, Circuit Judge.

David Hughes was a sergeant with the Missouri State Highway Patrol (Patrol) until May 2004, when he was demoted by Colonel Roger D. Stottlemyre to trooper and transferred to the Patrol's Gaming Division. Hughes brought a 42 U.S.C. § 1983 action, naming his immediate supervisors, Captain Vincent Ellis and Lieutenant James Ripley, as well as Eric Wilhoit, an investigator in the Patrol's Professional Standards Division. Hughes claims Ellis, Ripley...

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