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WULLSCHLEGER v. PETERS

No. 4:97CV3105.

28 F.Supp.2d 549 (1998)

Scott D. WULLSCHLEGER, Plaintiff, v. Randy PETERS; Donald Miller; Mike O'Brien; Mike Bauer; Bill Mizner; Jon Downey; Richard Drummond; Vern Hjorth; Sandy Thighe; Joseph Smith; Madison County, Nebraska; The City of Norfolk, Nebraska; John Does 1 Through 10, real and true names unknown; Jane Does 1 Through 10, real and true names unknown; jointly and severally, in their official capacity and as individuals, Defendants.

United States District Court, D. Nebraska.

November 20, 1998.

Attorney(s) appearing for the Case

Glen A. Murray, Grand Island, NE, for Plaintiff.

Clinton J. Gatz, Jr., Ronald E. Temple, Gatz, Fitzgerald Law Firm, Norfolk, NE, Richard L. Boucher, Kimberly K. Sturzenegger, Mary C. Gaines, Boucher Law Firm, Lincoln, NE, Terri M. Weeks, Attorney General's Office, Lincoln, NE, for Defendant.

MEMORANDUM AND ORDER

KOPF, District Judge.

This case presents the novel question of whether law enforcement personnel have qualified immunity from suit if city police officers mistakenly obtain search warrants and then serve the warrants and make warrantless arrests outside of the city limits but with the assistance of deputy sheriffs and state troopers. This issue and related ones are presented in the motions for summary judgment filed by the defendants...

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