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KAHLE v. LEONARD

Nos. 08-1647, 08-2578.

563 F.3d 736 (2009)

Mindy KAHLE, Plaintiff-Appellee, v. Jermaine LEONARD, individually and in his official capacity, Defendant-Appellant, Deputy Tim Malone; Sheriff Don Holloway; Pennington County Sheriff's Office; Pennington County Jail; Scott Schuft, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: April 27, 2009.

Attorney(s) appearing for the Case

Alecia E. Fuller, argued, Spearfish, SD (Thomas E. Brady, I, on the brief, Spearfish, SD,), for appellant.

Steven Carson Beardsley, argued, Rapid City, SD (Brad J. Lee, Elizabeth M. Frederick, on the brief, Rapid City, SD,), for appellee.

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

BENTON, Circuit Judge.

Mindy Kahle sued Jermaine Leonard (and others) under 42 U.S.C. § 1983. A jury found Leonard liable, awarding damages. Leonard appeals Batson and evidentiary rulings, jury instructions, and the portion of the judgment (one percent) applied to Kahle's attorneys' fees. Having jurisdiction under 28 U.S.C. § 1291, this court affirms the verdict but remands for redetermination of the percentage of damages applied to attorneys' fees...

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