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FLORES v. U.S.

No. 11-2222.

689 F.3d 894 (2012)

Patricio FLORES; Jose Encalada, as Co-Trustees and Personal Representatives for the next-of-kin of Maria Iñamagua Merchan, Plaintiffs-Appellants v. UNITED STATES of America; U.S. Department of Homeland Security, Immigrations and Customs Enforcement ("ICE"); Scott Baniecke, individually and in his official capacity as Field Officer, ICE; Unknown Number of Unnamed and Unknown Agents of ICE; County of Ramsey, Minnesota; Robert Fletcher, individually and in his official capacity as Sheriff of Ramsey County; Ramsey County Adult Detention Center; Ramsey County Sheriff's Department; Ramsey County Department of Health; Robert W. Fulton, Director of Ramsey County Department of Health; "XYZ" Family Practice Clinic, Ramsey County Adult Detention "Family Practice Clinic" and Unidentified Medical Clinics I-V; Drs. John or Jane Does I-V, Unidentified Jail or Contract Medical Doctors; Robert Moxley-Goldsmith, individually and in his capacity as Head Nurse; R.N. Erika Thompson, individually and in her capacity as Jail Nurse; Chris Strand, individually and in her capacity as Jail Nurse; Kelli LNU, Unidentified Jail Nurse; John or Jane Roe, Unidentified Jail Nurses I-V; Mary Roby, individually and in her capacity as Ramsey County Housing Sergeant; Jill Jones, individually and in her capacity as Ramsey County Corrections Officer; T. Bennet, individually and in his capacity as Ramsey County Corrections Officer; Cheryl Caumiant, individually and in her capacity as Ramsey County Corrections Officer; John or Jane Poes I-V, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 20, 2012.

Attorney(s) appearing for the Case

Christopher Robert Walsh, argued and on the brief, Minneapolis, MN, for appellants.

Lonnie Frank Bryan, AUSA, argued and on the brief, Minneapolis, MN, for appellees Scott Banieche, U.S. Department of Homeland Security, United States of America, and Unknown Number of Unnamed and Unknown Agents of ICE.

Carl David Dietz, argued, St. Paul, MN, John J. Choi, on the brief, for appellees Robert Fletcher, Ramsey County Sheriff's Department, Ramsey County Adult Detention Center, County of Ramsey, Minnesota, Ramsey County Department of Health, Robert W. Fulton, Robert Moxley-Goldsmith, Erika Thompson, Chris Strand, Kelli LNU, John or Jane Roe, Mary Roby, Jill Jones, T. Bennet, Cheryl Caumiant, and John or Jane Poes I-V.

Melissa Dosick Riethof, argued, Barbara A. Zurek, on the brief, Minneapolis, MN, for appellees"XYZ" Family Practice Clinic and Drs. John or Jane Does I-V.

Before WOLLMAN, BEAM, and LOKEN, Circuit Judges.

WOLLMAN, Circuit Judge.

Maria Iñamagua Merchan, an Ecuadorean woman, died on April 12, 2006, while in custody awaiting deportation. Her husband, Patricio Flores, and her uncle, Jose Encalada, (plaintiffs) filed suit against several defendants, alleging state law tort claims and violations of Iñamagua's federal constitutional rights. Following lengthy, complicated pretrial proceedings, the district court1 dismissed the case and...

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