Legal Opinion

Mary I. Boettger, Administratrix of the Estate of Clarence Stensrude, Jr., Deceased v. Dave Moore

Court of Appeals for the Ninth Circuit

Decided July 31, 1973No. 72-1261PublishedCited by 15 opinions

1Opinion of the Court

ALFRED T. GOODWIN, Circuit Judge:

The administratrix of a decedent’s estate sued two police officers, the chief of police, the mayor, and eight city councilmen of Havre, Montana, for damages under 42 U.S.C. § 1983, for depriving the decedent of his civil rights by shooting him to death in the course of police work.

The district court dismissed the action against the mayor and councilmen. The action continues against the remaining defendants. The plaintiff filed a premature notice of appeal without receiving from the District Court the certificate required by Fed.R.Civ.P. 54(b). The certificate…

2Cases cited4 opinions

  1. Robertson v. SichelSupreme Court of the United States · 1888
  2. Donald D. Hesselgesser v. William J. Reilly, Sheriff of Spokane County, Washington, E. Byron Franz, and Fidelity and Deposit Company of MarylandCourt of Appeals for the Ninth Circuit · 1971
  3. James G. Cockrum v. Charles E. Whitney and Philip C. LoucksCourt of Appeals for the Ninth Circuit · 1973
  4. Boettger v. Employers Liability Assurance Corp.Montana Supreme Court · 1971

3Cited by15 opinions

  1. Delores A. Mosher v. H. C. Saalfeld and Wesley J. RobinsonCourt of Appeals for the Ninth Circuit · 1979
  2. Fayle v. StapleyCourt of Appeals for the Ninth Circuit · 1979
  3. Fayle v. StapleyCourt of Appeals for the Ninth Circuit · 1979
  4. Gordenstein v. University of DelawareDistrict Court, D. Delaware · 1974
  5. Apolinar Navarette, Jr., AKA Paul Medel Navarette v. Jiro J. EnomotoCourt of Appeals for the Ninth Circuit · 1976

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