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SHAPE v. BARNES COUNTY, N.D.

Civil No. A3-04-83.

396 F.Supp.2d 1067 (2005)

Marvin J. SHAPE, Plaintiff, v. BARNES COUNTY, NORTH DAKOTA, a political subdivision of the State of North Dakota; and Randy McClaflin, individually and as Barnes County Jail Administrator, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

October 14, 2005.

Attorney(s) appearing for the Case

Thomas Dayton Fiebiger, Ohnstad Twichell, Fargo, ND, for Plaintiff.

Mark A. Friese, Robert J. Udland, Vogel Law Firm, Fargo, ND, for Defendant.

MEMORANDUM AND ORDER

WEBB, District Judge.

I. Introduction

Before the Court is defendants' Motion to Dismiss or Alternatively for Summary Judgment (doc. # 19). The defendants move for dismissal or in the alternative for summary judgment on all causes of action alleged against the defendants, Barnes County and Randy McClaflin. As articulated below, the defendants' Motion is GRANTED IN PART AND DENIED IN PART.

II. Background

Plaintiff...

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