SCHENK v. CHAVIS

No. 05-1572.

461 F.3d 1043 (2006)

Karl M. SCHENK; Dr. Nancy Schenk, Plaintiffs-Appellees, v. Robert L. CHAVIS, individually and in his official capacity as Yankton County, South Dakota, State's Attorney, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2006.


Attorney(s) appearing for the Case

Michael L. Luce, argued, Sioux Falls, South Dakota (Dana Van Beek Palmer, on the brief), for appellant.

David A. Domina, argued, Omaha, Nebraska (Timothy G. Himes, Sr., on the brief), for appellee.

Before BYE, HEANEY, and MELLOY, Circuit Judges.


MELLOY, Circuit Judge.

Karl Schenk (Schenk) and his wife Dr. Nancy Schenk (Dr. Schenk), brought this action against Yankton County, South Dakota, State's Attorney Robert Chavis. The Schenks allege Chavis violated Schenk's civil rights by improperly prosecuting him. The district court found that Chavis was not entitled to summary judgment on the question of whether Chavis was entitled to absolute or qualified immunity on all issues relevant to this appeal. We conclude...

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