Fineola Ingram; Justin Simmons; Brian Boykin v. Cole County; Sheriff Greg White; John Wheeler

United States Court of Appeals
For the Eighth Circuit
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No. 16-1046
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Fineola Ingram; Justin Simmons; Brian Boykin
lllllllllllllllllllllPlaintiffs - Appellants
v.
Cole County; Sheriff Greg White; John Wheeler
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Western District of Missouri - Jefferson City
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Submitted: October 17, 2017
Filed: July 30, 2018
[Unpublished]
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Before SMITH, Chief Judge, WOLLMAN, LOKEN, MURPHY, COLLOTON,
GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.1
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PER CURIAM.
Judge Murphy died on May 16, 2018, and thus did not participate in the final1
vote.

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The district court’s judgment dismissing claims against defendants Wheeler
and White is affirmed, with four judges concluding that the complaint fails to state
a claim and four judges concluding that the defendants are entitled to qualified
immunity. The district court’s judgment dismissing claims against Cole County is
affirmed by an equally divided court.
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