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TOSH v. SCHWAB

No. 24439.

743 N.W.2d 422 (2007)

2007 SD 132

Steven Lee TOSH, Plaintiff and Appellant, v. Kenneth SCHWAB, individually and in his official capacity as Chief of Police for the City of Aberdeen; Steven Pionk and David Lunzman, individually and in their official capacity as detectives for the Police Department of the City of Aberdeen, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 19, 2007.

Attorney(s) appearing for the Case

Drew C. Johnson, Aberdeen, for plaintiff and appellant.

Jack Hieb of Richardson, Wyly, Wise Sauck & Hieb, LLP, Aberdeen, for defendants and appellees.

ZINTER, Justice.

[¶ 1.] The Aberdeen police erroneously suspected Steven Lee Tosh in the kidnapping and rape of a six-year-old girl (C.F.). Three police officers aggressively interrogated Tosh, placed him under twenty-four hour surveillance, and drilled holes in his vehicle's taillights in order to assist in the surveillance. The real perpetrator was eventually discovered and convicted. Tosh then brought this suit for intentional infliction of emotional distress...

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