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CITY OF LEE'S SUMMIT v. MOPERM

No. WD 74967.

390 S.W.3d 214 (2012)

CITY OF LEE'S SUMMIT, Appellant, v. MISSOURI PUBLIC ENTITY RISK MANAGEMENT, Respondent.

Missouri Court of Appeals, Western District.

December 26, 2012.

Attorney(s) appearing for the Case

Catherine C. Whittaker , for appellant.

Michael G. Berry , Jefferson City, for respondent.

Before Division Three: ALOK AHUJA, Presiding Judge, VICTOR C. HOWARD, Judge and GARY D. WITT, Judge.

VICTOR C. HOWARD, Judge.

The City of Lee's Summit, Missouri, (City) appeals from summary judgment entered in favor of Missouri Public Entity Risk Management (MOPERM) declaring that MOPERM had no duty to defend or indemnify the City in a § 1983 suit brought by Theodore White against the City's employee. The judgment is affirmed.

Background

The material facts are uncontroverted and are as follows. In April 1998, following an investigation by Lee...

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