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Submitted: March 12, 2010

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

An intoxicated driver struck Michael Dodd, who had been lying injured on Route M in Lawrence County, Missouri, after his own apparent alcohol-related accident. Dodd brought an action under 42 U.S.C. § 1983 against Missouri State Highway Patrolman Steven Jones and Lawrence County Deputy Sheriff Mike Thorn in their individual and official capacities. He alleged that Jones and Thorn, both of whom responded to his accident, failed to protect him from the intoxicated driver, and that Jones conducted an unlawful search of his blood. The district court*fn1 granted summary judgment for Jones and Thorn, and dismissed the claim against Jones in his official capacity. We affirm.

 
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