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MOYLE v. ANDERSON

No. 08-3730.

571 F.3d 814 (2009)

Gavin MOYLE, by Jessica Repp, his mother and natural guardian; Jessica Repp, as trustee for the next-of-kin of Carl Moyle, deceased, Plaintiffs-Appellants, v. Bruce ANDERSON, individually and in his official capacity; Patrick Carr, individually and in his official capacity; Angela Knutson, individually and in her official capacity; Brian Frank, individually and in his official capacity; Cory Schoeck, individually and in his official capacity; Heather Pickett, individually and in her official capacity; Sherburne County, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 9, 2009.

Attorney(s) appearing for the Case

Richard J. Nygaard, argued, James S. Ballentine, Richard J. Nygaard, James R. Schwebel, on the brief, for appellant.

Jon K. Iverson, argued, Jon K. Iverson, Jason M. Hiveley, on the brief, Bloomington, MN for appellee.

Before MURPHY, ARNOLD, and GRUENDER, Circuit Judges.

MURPHY, Circuit Judge.

Appellants Gavin Moyle and his trustee, Jessica Repp, brought this action against Sherburne County and several county employees seeking damages for the murder of Carl Moyle, Gavin's father, at the Sherburne County Jail. Appellants asserted three claims: (1) a § 1983 failure to protect claim against the individual defendants; (2) a § 1983 municipal liability claim against the county; and (3...

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