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McKENZIE v. CROTTY

No. CIV. 89-5095.

738 F.Supp. 1287 (1990)

Gerald McKENZIE, individually and on behalf of all other persons similarly situated, Plaintiff, v. Charles CROTTY, Sheriff, and the Board of County Commissioners of Lawrence County, South Dakota, Defendants.

United States District Court, D. South Dakota, W.D.

March 16, 1990.

Attorney(s) appearing for the Case

Stephen L. Pevar, American Civil Liberties Union, Denver, Colo., for plaintiff.

James S. Nelson, Gunderson, Palmer, Goodsell & Nelson, Rapid City, S.D., for defendants.

MEMORANDUM OPINION AND ORDER

BATTEY, District Judge.

Pending are defendants' motions for partial summary judgment, summary judgment, and judgment on the pleadings (Docket # 20, # 22, and # 28). In these motions, defendants seek to limit their liability, completely or in part.1

Defendants' motion for partial summary judgment is based on SDCL 21-32A-1. That statute states that

[t]o the extent that any public entity...

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