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COURT v. HALL COUNTY, NEB.

No. 83-1717.

725 F.2d 1170 (1984)

Douglas COURT, a/k/a Douglas E. Holmes, Appellant, v. HALL COUNTY, NEBRASKA, a body politic and corporate, and Charles F. Fairbanks, Hall County Sheriff, Appellees. William Edward Joseph LLOYD, Jr. and Frank Robert Salvatore, Jr., Appellants, v. HALL COUNTY, NEBRASKA, a body politic and corporate, and Charles F. Fairbanks, Hall County Sheriff, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 30, 1984.

Attorney(s) appearing for the Case

Ronald S. DePue, McDermott, DePue & Zitterkopf, Grand Island, Neb., for appellants.

Cunningham, Blackburn, VonSeggern, Livingston, Francis & Riley, Grand Island, Neb., Kenneth H. Elson, Grand Island, Neb., Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, Neb., for appellees.

Before HEANEY, ROSS and FAGG, Circuit Judges.

FAGG, Circuit Judge.

Court, Lloyd, and Salvatore brought actions under 42 U.S.C. § 1983 against Sheriff Fairbanks and Hall County to recover damages based upon their claims that constitutional violations occurred when they were deprived of the opportunity to exercise during pretrial detention in the county jail. The district court granted separate motions filed by the sheriff and the county to dismiss for failure to state a claim upon which relief can be granted...

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