KOHL v. CASSON

Nos. 92-3366, 92-3458.

5 F.3d 1141 (1993)

David J. KOHL, Plaintiff-Appellant, v. Joseph M. CASSON, Individually, and in his Official Capacity as County Attorney of Jefferson County, Nebraska; County of Jefferson, a Body Politic and Corporate of the State of Nebraska; Mitch Siebe, Individually and in his Official Capacity as Police Officer for the City of Fairbury; City of Fairbury, a Body Politic and Corporate of the State of Nebraska; Lewis J. Mason, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Marvin Engel, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Joe Jelinek, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Gene Siefford, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Dan Stanton, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Harley Brown, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Marvin Moerer, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Chris Goeking, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Deb Klaus, in her Official Capacity as City Councilwoman of the City of Fairbury, Nebraska; Douglas G. Rosener, in his Official Capacity as City Attorney of the City of Fairbury, Nebraska, Defendants-Appellees. David J. KOHL, Plaintiff-Appellee, v. Joseph M. CASSON, Individually, and in his Official Capacity as County Attorney of Jefferson County, Nebraska, Defendant-Appellant, County of Jefferson, a Body Politic and Corporate of the State of Nebraska, Defendant, Mitch Siebe, Individually and in his Official Capacity as Police Officer for the City of Fairbury, Defendant-Appellant, City of Fairbury, a Body Politic and Corporate of the State of Nebraska; Lewis J. Mason, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Marvin Engel, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Joe Jelinek, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Gene Siefford, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Dan Stanton, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Harley Brown, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Marvin Moerer, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Chris Goeking, in his Official Capacity as City Councilman of the City of Fairbury, Nebraska; Deb Klaus, in her Official Capacity as City Councilwoman of the City of Fairbury, Nebraska; Douglas G. Rosener, in his Official Capacity as City Attorney of the City of Fairbury, Nebraska, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided September 28, 1993.


Attorney(s) appearing for the Case

William J. Panec, Fairbury, NE, argued, for plaintiff-appellant.

Randall L. Goyette, Lincoln, NE, argued (Brenda S. Spilker, on brief), for defendants-appellees.

Before BOWMAN, WOLLMAN, and MAGILL, Circuit Judges.


WOLLMAN, Circuit Judge.

David J. Kohl filed this lawsuit pursuant to 42 U.S.C. § 1983 against the city of Fairbury, Nebraska; the county of Jefferson, Nebraska; various city officers in their official capacities; Jefferson County Attorney Joseph Casson in both his official and individual capacities; and Fairbury police officer Mitch Siebe in both his official and individual capacities. The defendants filed a motion to dismiss. The district court granted the motion...

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