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OLSON v. CITY OF ELK POINT, S.D.

No. CIV 08-4113.

655 F.Supp.2d 973 (2009)

Gene OLSON, Plaintiff, v. CITY OF ELK POINT, SOUTH DAKOTA, Elk Point Police Department, Police Chief Ryan Fleek, individually and in his official capacity, Certain Unnamed Employees and Agents of the City of Elk Point, South Dakota, individually and in their official capacities, Mark Nelson, Head Jailer; and Tim Simons, in their individual and official capacities, Defendants.

United States District Court, D. South Dakota, Southern Division.

August 27, 2009.

Attorney(s) appearing for the Case

Robert B. Deck, Tod J. Deck, Sioux City, IA, for Plaintiff.

William C. Garry, Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, SD, for Defendants.

MEMORANDUM OPINION AND ORDER

LAWRENCE L. PIERSOL, District Judge.

Defendants filed a Motion for Summary Judgment, Doc. 17. For the reasons set forth below, Defendants' Motion will be denied.

I. BACKGROUND

The claims in this action under 42 U.S.C. § 1983, relate to the City's taking of Plaintiff's property in October 2007. Most of the facts are undisputed. Plaintiff Gene Olson ("Olson") owned real property in the City of Elk Point,...

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