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EUBANKS v. LAWSON

No. 96-2973.

122 F.3d 639 (1997)

Jo Ann EUBANKS, As Administratrix of The Estate of Joseph Daniel Dehart, Deceased, Plaintiff-Appellee, v. Gary LAWSON, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 28, 1997.

Attorney(s) appearing for the Case

Robert A. Russell, Jr., Little Rock., AR, argued, for appellant.

Brad A. Cazort, Little Rock, AR, argued (Ralph Blagg, Clinton, AR, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, JOHN R. GIBSON, and MAGILL, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Sheriff Gary Lawson appeals from an order of the district court1 denying his motion for summary judgment in Jo Ann Eubanks's 42 U.S.C. § 1983 lawsuit against him. Lawson argues that the district court erred in using the wrong legal standard to determine whether he is entitled to qualified immunity. We affirm.

In the early morning hours of February 28, 1993, several men attacked Joseph Daniel...

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