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69 F.3d 541

Docket No. 95-1433.

James Gosney v. Dwight L. Bruce

Eighth Circuit Court of Appeals

Submitted: Oct. 27, 1995. Nov. 3, 1995.

Eighth Circuit Court of Appeals · decided 1995-10-27

Cited by 1 later decisions — most recently March 2008

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Hammond v. Delano

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1995-10-27

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NOTICE: Eighth Circuit Rule 28A(k) governs citation of unpublished opinions and provides that no party may cite an opinion not intended for publication unless the cases are related by identity between the parties or the causes of action.

Before BOWMAN, BEAM and MURPHY, Circuit Judges.

PER CURIAM.

¶1

James Gosney sued Dwight Bruce under 42 U.S.C. Sec. 1983 (1988) after Bruce, a city police officer, struck Gosney, a civilian dispatcher, while both were on duty. Finding that there was no evidence Bruce had attempted to exercise the authority of the state at any point during the argument and assault, the District Court1 granted summary judgment to Bruce as well as to the other defendants. Gosney appeals only the summary judgment in favor of Bruce. Having reviewed the record and the parties' briefs and finding no error of fact or law, we affirm the judgment of the District Court. See 8th Cir. R. 47B.

¶2

A true copy.

1

The Honorable Garnett Thomas Eisele, United States District Judge for the Eastern District of Arkansas

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