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JOHNSON v. PHILLIPS

No. 11-1367.

664 F.3d 232 (2011)

Jennifer June JOHNSON, Plaintiff/Appellee, v. Joe Ernst PHILLIPS, in his official and personal capacities, Defendant/Appellant, Velda City, Missouri, a Missouri municipal corporation, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: December 22, 2011.

Attorney(s) appearing for the Case

Renee Jeanette Waters , argued, Mark H. Zoole , on the brief, St. Louis, MO, for appellant.

Robert Herman , argued, St. Louis, MO, for appellee.

Before RILEY, Chief Judge, COLLOTON, and GRUENDER, Circuit Judges.

COLLOTON, Circuit Judge.

Joe Phillips, building commissioner and Auxiliary Reserve Police Officer for Velda City, Missouri, stopped Jennifer Johnson's vehicle, arrested her, and searched her car. Johnson presented evidence that Phillips then directed her to follow him to an empty parking lot, and that he sexually assaulted her. Johnson sued Phillips under 42 U.S.C. § 1983 for violations of her constitutional rights. The district court concluded that Phillips...

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