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MOORE v. BOARD, COUNTY COM'RS, COUNTY, LEAVENWORTH

No. 07-3053.

507 F.3d 1257 (2007)

Marlene MOORE, Individually and as Executrix of the Estate of Jared Michael Moore; Patrick Richard Moore, Plaintiffs-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF LEAVENWORTH; Donald Navinsky, Dean Oroke, Clyde Graeber, Commissioners; David Zoellner, Sheriff, in his official and individual capacity; Robert L. Peterman, his official and individual capacity; Herb Nye, Former Sheriff, in his individual capacity; John Doe No. 1, John Doe No. 2, Deputies, in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 20, 2007.

Attorney(s) appearing for the Case

Submitted on the briefs:* Patrick J. Doran, L.C., Kansas City, MO, for Appellants.

Michael K. Seck, Fisher, Patterson, Sayler & Smith, L.L.P., Overland Park, KS, and Teresa L. Watson, Fisher, Patterson, Saylor & Smith, L.L.P., Topeka, KS, for Defendants-Appellees Board of County Commissioners of the County of Leavenworth, Kansas, Donald Navinsky, Dean Oroke, Clyde Graeber, David Zoellner and Herb Nye.

Michael C. Kirkham, Sanders Conkright & Warren, LLP, Overland Park, KS, for Defendant-Appellee Robert L. Peterman.

Before HARTZ, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

HARTZ, Circuit Judge.

Jared Moore, a volunteer fire fighter, was killed when his automobile was struck by one driven by defendant Robert L. Peterman, a deputy with the Leavenworth County Sheriff's Department (the Department), while both men were responding to an emergency call. Plaintiffs, the parents of Mr. Moore, brought suit in the United States District Court for the District of Kansas against a number of defendants. At issue on appeal are Plaintiffs' claims under...

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