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SITZES v. CITY OF WEST MEMPHIS ARK.

No. 09-2090.

606 F.3d 461 (2010)

Brant SITZES, Individually & as Joint Administrator of Estate of Brittney Rae Sitzes, Deceased; & as Parent & Next Friend of Shelby L. Sitzes, a Minor; Nancy Sitzes, Individually, as Joint Administrator of Estate of Brittney Rae Sitzes, Deceased, & as Parent & Next Friend of Shelby L. Sitzes, a Minor., Plaintiffs-Appellants, v. CITY OF WEST MEMPHIS ARKANSAS; William H. Johnson, Individually & in Official Capacity as Mayor of West Memphis, AR; Robert Paudert, Individually & in Official Capacity as Chief of Police, West Memphis, AR; James Wright, Individually & in Official Capacity as Police Officer in West Memphis, AR; Arkansas Municipal League; West Memphis City Council, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 4, 2010.

Attorney(s) appearing for the Case

Marc I. Baretz, argued, West Memphis, AR, for appellants.

Paul Charton, argued, Little Rock, AR, for appellees Johnson, Wright, Paudert, City of West Memphis, AR, Arkansas Municipal League and West Memphis City Council.

Whitney Blair James, argued, Little Rock, AR, for appellee Wright.

Before GRUENDER and SHEPHERD, Circuit Judges, and LANGE, District Judge.

SHEPHERD, Circuit Judge.

Appellants Brant and Nancy Sitzes (collectively "plaintiffs"), parents of Brittney and Shelby Sitzes, brought this action against Officer James Wright of the West Memphis, Arkansas, Police Department (WMPD), the City of West Memphis, and various city officials (collectively "defendants"). They alleged constitutional and state tort claims arising out of a traffic accident in which a patrol car driven...

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