AMRINE v. BROOKS

No. 07-2104.

522 F.3d 823 (2008)

Joseph D. AMRINE, Plaintiff-Appellant, v. George R. BROOKS; Thomas J. Brown, III; Richard Lee, Defendants, John C. Hemeyer; Marilyn Schmutzler, Public Administrator and Personal Representative of the Estate of George Brooks, Defendants-Appellees, Twin City Fire Insurance Company; Missouri Department of Corrections, Interested parties. National Association for the Advancement of Colored People; National Association for the Advancement of Colored People, Kansas City Branch, Not Parties-Amici on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 8, 2008.


Attorney(s) appearing for the Case

Todd Kennedy, Oliver & Hedges, LLP, San Francisco, CA, argued (Quinn E. Urquhart, San Francisco, CA, Arthur A. Benson II, Jamie Kathryn Lansford, Kansas City, MO, on the brief), for appellant.

Jonathan S. Franklin, Fulbright & Jaworski, LLP, Washington, DC, for amici curiae National Association for the Advancement of Colored People and NAACP-Kansas City Branch, in support of appellant.

Bruce Farmer, Oliver Walker Wilson, LLC, Columbia, MO, argued, for appellee Hemeyer.

Emily Kalmer, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellee Schmutzler.

Before LOKEN, Chief Judge, MURPHY, Circuit Judge, and JARVEY, District Judge.


MURPHY, Circuit Judge.

After obtaining habeas relief from the Missouri Supreme Court, Joseph D. Amrine brought this action under 42 U.S.C. § 1983 against prison investigator George Brooks,2 deputy sheriff John Hemeyer, prosecutor Thomas J. Brown, III, and prosecution investigator Richard Lee for their roles in the investigation which led to his conviction for murder and sentence to death. The district court3

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