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BROWN v. UNITED STATES

Nos. 83-1234, 83-1242.

739 F.2d 362 (1984)

Della BROWN, Conservator of Dan C. Briscoe, A Protected Person, Appellant, v. UNITED STATES of America, Appellee. Della BROWN, Conservator of Dan C. Briscoe, A Protected Person, Appellant, v. Ronald L. SMITH; Francis L. Winner; Burl M. Johnson; Larry J. Lopez; Daniel A. Devere; Con L. Shultz; Stephen J. Titus; and Thomas S. Morgan, John Siefkes, Gale Shields, Gerald E. Thompson and Richard Britton, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 20, 1984.

Attorney(s) appearing for the Case

Ronald D. Lahners, U.S. Atty., Paul W. Madgett, Asst. U.S. Atty., Omaha, Neb., for the U.S.A., John Siefkes, Gale Shields, Gerald E. Thompson and Richard Britton.

M.J. Bruckner, Marti, Dalton, Bruckner, O'Gara & Keating P.C., Lincoln, Neb., for Winner.

Douglas L. Kluender, Healey, Brown, Wieland, Kluender, Atwood & Jacobs, Lincoln, Neb., for Stephen J. Titus.

Paul L. Douglas, Atty. Gen., J. Kirk Brown, Asst. Atty. Gen., Lincoln, Neb., for Smith, Johnson, Lopez, Devere, Shultz and Morgan.

James A. Eske, Barlow, Johnson, DeMars & Flodman, Lincoln, Neb., for appellant.

Before BRIGHT, JOHN R. GIBSON and FAGG, Circuit Judges.

FAGG, Circuit Judge.

Dan Briscoe claims that he was the victim of a racially motivated hanging incident, a "mock lynching," that occurred while he was participating in National Guard training exercises. Briscoe's mother and conservator, Della Brown, alleges that as a result of this mock lynching, Briscoe entered into a deep mental depression, culminating in a suicide attempt in which he was severely and permanently injured. Brown brought an action against the United...

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