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DEAN v. COUNTY OF GAGE, NEBRASKA

Nos. 14-1747, 14-1773.

800 F.3d 945 (2015)

James L. DEAN; Lois P. White, as Personal Representative of the Estate of Joseph White, deceased; Kathleen A. Gonzalez; Thomas W. Winslow; Ada Joann Taylor; Debra Sheldon, Plaintiff-Appellant v. COUNTY OF GAGE, NEBRASKA, a Nebraska political subdivision; Burdette Searcey, Dep., in his official and individual capacities; Wayne R. Price, PhD., in his official and individual capacities; Ryan L. Timmerman, Personal Representative of the Estate of Jerry O. DeWitt, Defendants-Appellees Richard T. Smith, in his official and individual capacities; Gerald Lamkin, Dep., in his official and individual capacities; Gage County Attorney's Office, a Nebraska political subdivision; Gage County Sheriff's Office, a Nebraska political subdivision, Defendants. James L. Dean; Lois P. White, as Personal Representative of the Estate of Joseph White, deceased; Kathleen A. Gonzalez; Thomas W. Winslow; Ada Joann Taylor; Debra Sheldon, Plaintiffs-Appellees v. County of Gage, Nebraska, a Nebraska political subdivision, Defendant Burdette Searcey, Dep., in his official and individual capacities; Wayne R. Price, PhD., in his official and individual capacities; Ryan L. Timmerman, Personal Representative of the Estate of Jerry O. DeWitt, Defendants-Appellants Richard T. Smith, in his official and individual capacities; Gerald Lamkin, Dep., in his official and individual capacities; Gage County Attorney's Office, a Nebraska political subdivision; Gage County Sheriff's Office, a Nebraska political subdivision, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: August 31, 2015.

Attorney(s) appearing for the Case

Jeffry D. Patterson , Lincoln, NE, argued, for all appellants/cross-appellees.

Robert F. Bartle , Bartle & Geier Law Firm, Lincoln, NE, Douglas J. Stratton , Stratton, DeLay & Loele Law Firm, for appellants/cross-appellees Lois P. White, Kathleen A. Gonzalez, Thomas W. Winslow, and Ada Joann Taylor.

Herbert J. Friedman , Friedman Law Office, Lincoln, NE, for appellant/cross-appellee James L. Dean.

Maren Lynn Chaloupka , Chaloupka, Holyoke, Snyder, Chaloupka, Longoria & Kishiyama, P.C., Scottsbluff, NE, Matthew Kosmicki , Brennan & Nielsen Law Office, P.C., for appellant/cross-appellee Debra Shelden.

Patrick T. O'Brien , Butler, Gaiter, O'Brien & Boehm, Lincoln, NE, argued, Jennifer M. Tomka , Boucher Law Firm, Lincoln, NE, argued ( Kim K. Sturzenegger , Richard L. Boucher , Boucher Law Firm, Lincoln, NE, on the brief), for appellees/cross-appellants.

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.

DNA evidence exonerated Joseph E. White and the five other plaintiffs of rape and murder. They sued Gage County and the officers involved in their case. After an appeal from summary judgment and a mistrial on remand, the district court dismissed plaintiffs' conspiracy claim and all claims against Gage County. The district...

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