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JOHNSON v. SCHNEIDERHEINZ

No. 96-1620.

102 F.3d 340 (1996)

Charles E. JOHNSON, Plaintiff-Appellee, v. Dan SCHNEIDERHEINZ, Individually and as Sheriff of Merrick County, Nebraska, Defendant-Appellant, County of Merrick, Nebraska, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided December 9, 1996.

Rehearing Denied January 7, 1997.

Attorney(s) appearing for the Case

Kimberly K. Sturzenegger, Lincoln, NE, argued (Richard L. Boucher, on the brief), for Defendant-Appellant.

David T. Schroeder, Grand Island, NE, argued (L. William Kelly, on the brief), for Plaintiff-Appellee.

Before FAGG, LAY, and HANSEN, Circuit Judges.

LAY, Circuit Judge.

Charles E. Johnson was arrested for murder in Merrick County, Nebraska. Subsequently, Johnson was released, the charges were dismissed, and another individual was charged with the murder. Johnson brought this suit in federal district court against Merrick County Sheriff Dan R. Schneiderheinz under 42 U.S.C. § 1983 claiming that his arrest violated his constitutional rights.

The sheriff moved for summary judgment on the basis of qualified...

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