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WINSLOW v. SMITH

Nos. 11-2882, 11-2883, 11-2884, 11-2903.

696 F.3d 716 (2012)

Thomas W. WINSLOW, Plaintiff-Appellant v. Richard T. SMITH, in his official and individual capacities; Burdette Searcey, Dep., in his official and individual capacities; Gerald Lamkin, Dep., in his official and individual capacities; Jerry O. Dewitt, Sheriff, in his official and individual capacities; Wayne R. Price, PhD., in his official and individual capacities; Gage County Attorney's Office, a Nebraska political subdivision; Gage County Sheriff's Office, a Nebraska political subdivision; County of Gage, Nebraska, a Nebraska political subdivision, Defendants-Appellees. James L. Dean, Plaintiff-Appellant v. Richard T. Smith, in his official and individual capacities; Burdette Searcey, Dep., in his official and individual capacities; Gerald Lamkin, Dep., in his official and individual capacities; Jerry O. Dewitt, Sheriff, in his official and individual capacities; Wayne R. Price, PhD., in his official and individual capacities; Gage County Attorney's Office, a Nebraska political subdivision; Gage County Sheriff's Office, a Nebraska political subdivision; County of Gage, Nebraska, a Nebraska political subdivision, Defendants-Appellees. Kathleen A. Gonzalez, Plaintiff-Appellant v. Richard T. Smith, in his official and individual capacities; Burdette Searcey, Dep., in his official and individual capacities; Gerald Lamkin, Dep., in his official and individual capacities; Jerry O. Dewitt, Sheriff, in his official and individual capacities; Wayne R. Price, PhD., in his official and individual capacities; Gage County Attorney's Office, a Nebraska political subdivision; Gage County Sheriff's Office, a Nebraska political subdivision; County of Gage, Nebraska, a Nebraska political subdivision, Defendants-Appellees. Ada Joann Taylor, Plaintiff-Appellant v. Richard T. Smith, in his official and individual capacities; Burdette Searcey, Dep., in his official and individual capacities; Gerald Lamkin, Dep., in his official and individual capacities; Jerry O. Dewitt, Sheriff, in his official and individual capacities; Wayne R. Price, PhD., in his official and individual capacities; Gage County Attorney's Office, a Nebraska political subdivision; Gage County Sheriff's Office, a Nebraska political subdivision; County of Gage, Nebraska, a Nebraska political subdivision, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 15, 2012.

Attorney(s) appearing for the Case

Herbert J. Friedman , Jeffry D. Patterson , argued, Lincoln, NE, Robert F. Bartle , Lincoln, NE, Douglas J. Stratton , Norfolk, NE, on the brief, for appellant.

Patrick T. O'Brien , argued, Richard L. Boucher , Paul L. Douglas , Jennifer M. Tomka , on the brief, Lincoln, NE, for appellees.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Plaintiffs Ada Joann Taylor, Thomas Winslow, James Dean, and Kathleen Gonzalez (collectively "Plaintiffs") were convicted in 1989 for participating in the 1985 rape and murder of Helen Wilson in Beatrice, Nebraska. However, in 2008, DNA testing established that the semen and type B blood found in Wilson's apartment were from Bruce Allen Smith, an individual who had no connection to Plaintiffs. After receiving full pardons from the Nebraska...

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