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DOE EX REL. DOE v. GAY

No. 12-2052.

719 F.3d 679 (2013)

Jane DOE, a minor by and through her mother and next friend Susan DOE, Plaintiff-Appellant v. Andrew GAY, individually and in his capacity as an officer or agent of the Marianna Police Department, Defendant City of Marianna, Arkansas, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 20, 2013.

Attorney(s) appearing for the Case

Thomas R. Greer , argued, Memphis, TN, for Appellant.

Paul Charton , argued, Little Rock, AR, for Appellee.

Before BYE, MELLOY, and SMITH, Circuit Judges.

MELLOY, Circuit Judge.

Jane Doe appeals the district court's grant of summary judgment to the City of Marianna ("Marianna") on her claims under 42 U.S.C. § 1983. Doe was sexually assaulted by Andrew Gay, a Marianna police officer, on August 25, 2008. Gay was charged with first degree sexual assault and subsequently terminated from Marianna's police force. Because Doe has raised genuine issues of material fact, we vacate the grant of summary judgment to Marianna...

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