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McCLENDON v. STORY COUNTY SHERIFF'S DEPT.

No. 4:02-CV-40608.

312 F.Supp.2d 1146 (2004)

Cyndi McCLENDON, Plaintiff, v. STORY COUNTY SHERIFF'S DEPARTMENT; Story County Sheriff Paul H. Fitzgerald; Story County Animal Control Department; Sue McCaskey; Brenda Rogers; Deputy Atkinson; Deputy Upchurch; Deputy Denny Watson; Deputy McKinney; and Deputy Thomas, Defendants.

United States District Court, S.D. Iowa, Central Division.

March 23, 2004.

Attorney(s) appearing for the Case

Victoria L. Herring, Herring Law Office, Des Moines, IA, for Plaintiff.

Patrick J. McNulty, Clark I. Mitchell, Grefe & Sidney PLC, Des Moines, IA, for Defendants.

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

GRITZNER, District Judge.

In this 42 U.S.C. § 1983 ("1983") action, Plaintiff Cyndi McClendon ("McClendon") alleges that Defendants Story County Sheriff's Department, Sheriff Paul Fitzgerald, Deputies Atkinson, Upchurch, Watson, McKinney and Thomas, Story County Animal Control Department, Sue McCaskey, and Brenda Rogers ("Defendants"), while acting under color of state law, wrongfully seized her horses in...

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