WEBB v. HIYKEL

No. 82-2250.

713 F.2d 405 (1983)

Henry Sheldon WEBB, Appellant, v. Arresting Officers, Omaha Police Department, Emil J. HIYKEL, Dennis Dutton, Russell L. Lewis, Kirk Stanzel, Thomas A. Zoucha, as individuals and in their capacities as City of Omaha Police Officers, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1983.

Rehearing Denied September 9, 1983.


Attorney(s) appearing for the Case

Dan L. McCord, of the Law Firm of Healey, Brown, Wieland, Kluender, McCord, Atwood & Jacobs, Lincoln, Neb., for appellant.

James E. Fellows, Deputy City Atty., Thomas O. Mumgaard, Asst. City Atty., Omaha, Neb., for appellees.

Before BRIGHT and McMILLIAN, Circuit Judges, and NICHOL, Senior District Judge.


NICHOL, Senior District Judge.

Plaintiff-Appellant Henry Sheldon Webb, an inmate at the Nebraska State Penitentiary, brought this action under 42 U.S.C. section 1983 alleging a violation of his constitutional rights by certain officers of the Omaha Police Department. Judgment was entered in favor of each defendant following a court trial. Webb now seeks appellate review of the lower court's decision. For reasons set out more fully herein, we vacate the judgment and...

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