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DEAN v. COUNTY OF GAGE, NEB.

Nos. 14-1747, 14-1773.

807 F.3d 931 (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: December 7, 2015.

Attorney(s) appearing for the Case

Robert F. Bartle , Jeffry D. Patterson , argued, Lincoln, NE, and Douglas J. Stratton , argued, Norfolk, NE, for Appellants White, Gonzalez, Winslow and Taylor.

Herbert J. Friedman , argued, Lincoln, NE, for Appellant Dean.

Maren Lynn Chaloupka , argued, Scottsbluff, NE, and Matthew Kosmicki , argued, Lincoln, NE, for Appellant Sheldon.

Richard L. Boucher , Paul L. Douglas , Patrick T. O'Brien , Kim Sturzenegger , Jennifer M. Tomka , argued, Lincoln, NE, 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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