LIVERS v. SCHENCK

Nos. 11-1877, 11-1879, 11-1880, 11-1917, 11-1918.

700 F.3d 340 (2012)

Matthew LIVERS, Plaintiff-Appellee v. Earl SCHENCK, Cass County Sheriff's Investigator; William Lambert, Nebraska State Patrol Investigator; Charles O'Callaghan, Nebraska State Patrol Investigator; Sandra Weyers, Cass County Sheriff's Sergeant; County of Cass, Nebraska; David Kofoed, Commander of the Douglas County Sheriff's Office Crime Scene Investigation Division, Defendants Tim Dunning, Sheriff of Douglas County, Defendant-Appellant County of Douglas, Nebraska, Defendant. Matthew Livers, Plaintiff-Appellee v. Earl Schenck, Cass County Sheriff's Investigator, Defendant-Appellant William Lambert, Nebraska State Patrol Investigator; Charles O'Callaghan, Nebraska State Patrol Investigator, Defendants Sandra Weyers, Cass County Sheriff's Sergeant, Defendant-Appellant County of Cass, Nebraska; David Kofoed, Commander of the Douglas County Sheriff's Office Crime Scene Investigation Division; Tim Dunning, Sheriff of Douglas County; County of Douglas, Nebraska, Defendants. Matthew Livers, Plaintiff-Appellee v. Earl Schenck, Cass County Sheriff's Investigator, Defendant William Lambert, Nebraska State Patrol Investigator; Charles O'Callaghan, Nebraska State Patrol Investigator, Defendants-Appellants Sandra Weyers, Cass County Sheriff's Sergeant; County of Cass, Nebraska; David Kofoed, Commander of the Douglas County Sheriff's Office Crime Scene Investigation Division; Tim Dunning, Sheriff of Douglas County; County of Douglas, Nebraska, Defendants. Nicholas Sampson, Plaintiff-Appellee v. Investigator William Lambert, in his official and individual capacities; Investigator Charles O'Callaghan, in his official and individual capacities, Defendants Sergeant Sandy Weyers, in her official and individual capacities, Defendant-Appellant Cass County Sheriff's Office, a Nebraska political subdivision; Does 1-8, in their official and individual capacities, Defendants Investigator Earl Schenck, Defendant-Appellant Douglas County Sheriff's Office; David W. Kofoed, in his official and individual capacities, Defendants. Nicholas Sampson, Plaintiff-Appellee v. Investigator William Lambert, in his official and individual capacities; Investigator Charles O'Callaghan, in his official and individual capacities, Defendants-Appellants Sergeant Sandy Weyers, in her official and individual capacities; Cass County Sheriff's Office, a Nebraska political subdivision; Does 1-8, in their official and individual capacities; Investigator Earl Schenck; Douglas County Sheriff's Office; David W. Kofoed, in his official and individual capacities, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: November 8, 2012.


Attorney(s) appearing for the Case

Timothy K. Dolan , argued, Diane Margaret Carlson , on the brief, Omaha, NE, for appellant in No. 11-1877.

Kim Sturzenegger , argued, Lincoln, NE, for appellants in Nos. 11-1879 and 11-1917.

Stephanie Anne Caldwell , argued, Frederick J. Coffman , on the brief, Lincoln, NE, for appellants in Nos. 11-1880 and 11-1918.

Locke E. Bowman, III , argued, Chicago, IL, Julia T. Rickert , Chicago, IL, Robert W. Mullin , Omaha, NE, on the brief, for appellants in Nos. 11-1877, 11-1879 and 11-1880.

Maren Lynn Chaloupka , argued, Scottsbluff, NE, for appellee in Nos. 11-1917 and 11-1918.

Before RILEY, Chief Judge, WOLLMAN and SMITH, Circuit Judges.


RILEY, Chief Judge.

Cousins Matthew Livers and Nicholas Sampson were arrested and jailed awaiting trial for the murders of Sharmon and Wayne Stock after Livers confessed to the murders and implicated Sampson as an accomplice. Later, the charges against Livers and Sampson were dropped. They separately sued individual officials and municipal entities involved in the investigation, citing 42 U.S.C. § 1983 and alleging numerous...

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