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United States Eighth Circuit


MCVAY v. SEARS, 03-3948

In a wrongful death suit, plaintiff's claim that defendant-police used excessive force in apprehending her decedent is dismissed where she could not show that the officer's actions were unconstitutional, and therefore, she could not make a prima facie case against defendant under section 1983.

Appellate Information

  • Decided 03/04/2005
  • Published 03/04/2005

Judges

  • BEAM, Circuit Judge., Before LOKEN, Chief Judge, BEAM, and SMITH, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Brian Wayne Ray, argued, Little Rock, AR, for appellant.

  • For Appellees:
  • Jeanette Denham, argued, North Little Rock, AR, for appellee.
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