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LOWERY v. COUNTY OF RILEY

No. 06-3369.

522 F.3d 1086 (2008)

Eddie James LOWERY; Amanda Marie Lowery, Plaintiffs-Appellees, v. The COUNTY OF RILEY; Riley County Board of Commissioners; Riley County Law Enforcement Department, also known as Riley County Police Department; City of Manhattan; Manhattan Board of City Commissioners; City of Ogden; Ogden Board of City Commissioners; John Does 1-10, police officers and non-uniformed employees of the Riley County Police Department, in their individual capacities; Richard Roes 1-10, supervisory police officers of the Riley County Police Department, in their individual capacities; Riley County Law Enforcement Agency, The Law Board; William Watson, Defendants, and Harry L. Malugani; Douglass Johnson, in their individual capacities; Alvan Johnson; Steve French; Larry Woodyard, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 14, 2008.

Attorney(s) appearing for the Case

Jeffrey A. Bullins, Holbrook & Osborn, P.A., Overland Park, KS, appearing for Appellants.

Nick Brustin, Cochran Neufeld & Scheck, LLP, New York, N.Y. (Barry A. Clark, Clark & Kellstrom, Chtd., Manhattan, Kansas; Barry Scheck and Monica R. Shah, Cochran Neufeld & Scheck, LLP, New York, NY; and Craig J. Altenhofen, Hornbaker, Altenhofen, McCulley & Alt, Chartered Lawyers, Junction City, KS, with him on the brief), appearing for Appellees.

Before O'CONNOR, Associate Justice (Ret.), HENRY, Chief Circuit Judge, and TACHA, Circuit Judge.

TACHA, Circuit Judge.

In 1982, Eddie James Lowery was convicted after a jury trial in the District Court of Riley County, Kansas, of rape, aggravated battery, and aggravated burglary. His convictions were secured primarily on the basis of an unrecorded confession he made to Riley County Police Officers Harry Malugani and Douglass Johnson. He served ten years in prison and, upon release, spent another ten years as a registered sex offender. In 2003, however, DNA testing...

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