HEVELONE v. THOMAS

Civ. No. 75-0-128.

423 F.Supp. 7 (1976)

Teresa J. HEVELONE et al., Plaintiffs, v. Patrick J. THOMAS, Sheriff of Sarpy County, Nebraska, et al., Defendants.

United States District Court, D. Nebraska.

April 8, 1976.


Attorney(s) appearing for the Case

Charles Ledwith, Claude D. Shokes, Omaha, Neb., for plaintiffs.

Harry L. Welch, Omaha, Neb., for defendants.


DENNEY, District Judge.

This matter comes before the Court upon the motion of defendants for summary judgment [Filing # 11] subsequent to the submission of briefs and a hearing before the Court on March 23, 1976. The question presented is whether a sheriff and private persons who evict persons allegedly without due process of law pursuant to court order are immune from a suit for damages under 42 U.S.C. § 1983, the Civil Rights Act of 1871.

The pleadings...

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