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AKINS v. EPPERLY

No. 08-3753.

588 F.3d 1178 (2009)

Brian AKINS; Connie Akins, Plaintiffs/Appellees, v. Mick EPPERLY, in his individual and official capacity; Adam Crouch, in his individual and official capacity; Jeffrey Younger, in his individual and official capacity; Doug Henry, in his individual and official capacity, Defendants, Robert Vaughan, in his individual and official capacity; Jason Trammell, in his individual and official capacity, Defendants/Appellants, Larry Stockton, Jr.; Barry County, Missouri, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: December 18, 2009.

Attorney(s) appearing for the Case

David J. Hansen, Asst. Atty. Gen., Jefferson City, MO, argued (Chris Koster, Atty. Gen., on the brief), for appellants Robert Vaughan and Jason Trammell.

Mark H. Zoole, St. Louis, MO, argued, for appellees.

Before LOKEN, Chief Judge, WOLLMAN, and SHEPHERD, Circuit Judges.

WOLLMAN, Circuit Judge.

Missouri State Highway Patrol Officers Jason Trammell and Robert Vaughan appeal the district court's denial of their motions for summary judgment based on qualified immunity. Trammell and Vaughan investigated the series of events during which Brian Akins was shot twice by a Barry County sheriff's deputy. Akins brought claims under 42 U.S.C. § 1983 and state tort law against some nineteen defendants,1 including...

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