MONTGOMERY v. CITY OF AMES

No. 13-2111.

749 F.3d 689 (2014)

Tamela MONTGOMERY, Plaintiff-Appellant, v. CITY OF AMES; Suzanne Owens, individually and in her official capacity as a Law Enforcement Officer for the City of Ames Police Department; Heath Ropp, individually and in his official capacity as a Law Enforcement Officer for the City of Ames Police Department; Christine Crippen, individually and in her official capacity as a Law Enforcement Officer for the City of Ames Police Department; John Doe, individually and in his official capacity as a Law Enforcement Officer for the City of Ames Police Department; State of Iowa; John Baldwin, individually and in his official capacity as Director of the Iowa Department of Corrections; Curt Forbes Residential Center; John McPherson, individually and in his official capacity as Manager of Curt Forbes Residential Center, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 10, 2014.


Attorney(s) appearing for the Case

Brandon John Brown , argued, Des Moines, IA ( Alfredo G. Parrish , on the brief, Des Moines, IA), for appellant.

William Allen Hill , AAG, argued, Des Moines, IA, for appellee State of Iowa, et al.

Mark William Thomas , argued, Des Moines, IA ( Robert J. Thole , on the brief, Des Moines, IA), for City of Ames, et al.

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


COLLOTON, Circuit Judge.

Tamela Montgomery was seriously injured when Angenaldo Bailey broke into her house and shot her three times. Montgomery brought a claim under 42 U.S.C. § 1983 and several state-law negligence claims against the City of Ames, several Ames police officers, the State of Iowa, the director of the Iowa Department of Corrections John Baldwin, the Curt Forbes Residential Center, and John McPherson, the manager of the Residential Center. Montgomery...

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