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eBook details

• Title: Angel v. Williams
• Author : United States Court of Appeals for the Eighth Circuit
• Release Date : January 27, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

BOWMAN, Circuit Judge. Lou Angel, John Dilliner, and Scott Malone (collectively, the officers) appeal from the District Court's1 judgment in favor of Thomas L. Williams, Sylvia K. Byrnes-Ales, Donna Humphrey, and the City of Webb City, Missouri (collectively, Webb City), on Webb City's motion to dismiss the officers' complaint alleging that Webb City violated federal wiretap law, 18 U.S.C. §§ 2510-2521 (1988 & Supp. IV 1992), and Missouri wiretap law, Mo. Rev. Stat. §§ 542.400-.424 (Supp. 1992). We affirm. Angel, Dilliner, and Malone were employed as police officers for Webb City, Missouri, on October 6, 1990, when they were accused of using excessive force on prisoner Vincent McCarty while McCarty was in the Webb City jail. After an administrative hearing on October 30, 1990, the personnel board decided to terminate the officers, a decision affirmed on judicial review. Angel v. City of Webb City, 832 S.W.2d 22 (Mo. Ct. App. 1992) (per curiam). At the hearing, after the officers testified denying the alleged abuse, Webb City's attorney played an audio tape recording of the incident in question. The tape recording was elaborated upon by reserve officer Bob Hataway who witnessed the incident but did not participate in it. It is unclear from the record before us how or why the tape recording was made.2

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