DEAN v. SEARCEY

No. 16-4059.

893 F.3d 504 (2018)

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 Shelden, Plaintiffs-Appellees v. Burdette SEARCEY, Dep., in his official and individual capacities; Wayne R. Price, PhD., in his official and individual capacities; County of Gage, Nebraska, a Nebraska political subdivision, Defendants-Appellants Ryan L. Timmerman, Personal Representative of the estate of Jerry O. DeWitt, Defendant The Nebraska Association of County Officials; Nebraska Sheriffs Association; National Sheriff's Association; International Municipal Lawyers Association; The Nebraska Intergovernmental Risk Management Association, Amici on Behalf of Appellant(s).

United States Court of Appeals, Eighth Circuit.

Filed: June 11, 2018.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants was Melanie J. Whittamore-Mantzios , of Lincoln, NE. The following attorneys appeared on the appellant brief; Jennifer M. Tomka , of Lincoln, NE., Elizabeth Ryan Cano , of Lincoln, NE., Patrick T. O'Brien , of Lincoln, NE.

Counsel who presented argument on behalf of the appellees was Jeffry D. Patterson , of Lincoln, NE.

The following attorneys appeared on the appellee brief of White, Gonzalez, Winslow, and Taylor; Robert F. Bartle , of Lincoln, NE., Douglas J. Stratton , of Norfolk, NE.

The following attorney appeared on the appellee brief of Dean; Herbert J. Friedman , of Lincoln, NE.

The following attorneys appeared on the appellee brief of Shelden; Maren Lynn Cbaloupka , of Scottsbluff, NE., Matthew Kosmicki , of Lincoln, NE.

The following attorneys appeared on the amicus brief of the Nebraska Intergovernmental Risk Management Association, the Nebraska Association of County Officials, and the Nebraska Sheriffs' Association; David J.A. Bargen , of Lincoln, NE., Sheila A. Bentzen , of Lincoln, NE.

The following attorney appeared on the amicus brief of the International Municipal Lawyers Associations and the National Sheriffs' Association; Lanny Dwight Richmond, II , of North Little Rock, AR.

The following attorney appeared on the amicus brief if the ACLU of Nebraska; Amy Anne Miller , of Lincoln, NE.

Before BENTON, SHEPHERD, and KELLY, Circuit Judges.


This case is familiar to us, as it is to Nebraskans and much of the nation. It returns after three prior opinions by this Court, two trials, and, now, one jury verdict that is contested on this appeal. We are asked here, in large part, to sweep the pieces off the board — to overturn our prior rulings — in order...

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