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HAWKINS v. GAGE COUNTY, NEB.

No. 13-3107.

759 F.3d 951 (2014)

Elliot HAWKINS, Plaintiff-Appellant v. GAGE COUNTY, NEBRASKA; Brandon Schley, individually and in his capacity as Deputy Sheriff of Gage County; John Chavez, individually and in his capacity as Investigator for the Gage County Sheriff's Office; Rob Sandersfeld, individually and in his capacity as Investigator for the Gage County Sheriff's Office; Tony Shepardson, individually and in his capacity as Sergeant for the Gage County Sheriff's Office, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 22, 2014.

Rehearing and Rehearing En Banc Denied September 3, 2014.

Attorney(s) appearing for the Case

Joy Shiffermiller , Lincoln, NE, for Plaintiff-Appellant.

Brandy Rae Johnson , Vincent Valentino , Lincoln, NE, for Defendants-Appellees.

Before RILEY, Chief Judge, BEAM and SHEPHERD, Circuit Judges.

RILEY, Chief Judge.

Elliot Hawkins was falsely accused of rape and spent seventeen days in jail as a result. Although a police investigation by officers of the Gage County, Nebraska, sheriff's office ultimately revealed the purported rape victim had fabricated her accusation, Hawkins brought this 42 U.S.C. § 1983 suit, alleging that both in investigating the claim and in drafting an affidavit used to obtain an arrest warrant, the officers failed to account for...

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