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LAMBERT v. POLK COUNTY, IOWA

Civ. No. 89-566-B.

723 F.Supp. 128 (1989)

Beau LAMBERT and Palmer Communications Incorporated, Plaintiffs, v. POLK COUNTY, IOWA, the City of Des Moines, Iowa, James Smith, John Doe and John Roe, Defendants.

United States District Court, S.D. Iowa, C.D.

August 31, 1989.

Attorney(s) appearing for the Case

Kasey W. Kincaid, Nyemaster Law Firm, Des Moines, Michael A. Giudicessi, Des Moines, Iowa, for plaintiffs.

Norman G. Jesse, Asst. Polk Co. Atty., Des Moines, Iowa, for Polk County, Iowa and James Smith.

Patrick J. Hopkins, City Sol., Des Moines, Iowa, for City of Des Moines.

MEMORANDUM OPINION AND PRELIMINARY INJUNCTION

VIETOR, Chief Judge.

This suit arises because two Des Moines policemen took from plaintiff Beau Lambert (Lambert) a videotape he had made of a street fight that proved fatal, and defendants have refused to return the videotape, or a copy of it, to Lambert. After the videotape was taken from Lambert, he and WHO-TV, a commercial television station in Des Moines owned by plaintiff Palmer Communications Incorporated...

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