SAMPSON v. LAMBERT

Nos. 17-1104, 17-1106, 17-1114, 17-1117.

903 F.3d 798 (2018)

Nicholas SAMPSON, Plaintiff-Appellee, v. Investigator William LAMBERT, in his official and individual capacities; Investigator Charles O'Callaghan, in his official and individual capacities; 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, in his official and individual capacities; Douglas County Sheriff's Office, Defendants. David W. Kofoed, in his official and individual capacities, Defendant-Appellee, v. St. Paul Fire and Marine Insurance Company, also known as The Saint Paul Travelers Companies, Inc., Garnishee-Appellant. 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, Defendants. David Kofoed, Commander of the Douglas County Sheriff's Office Crime Scene Investigation Division, Defendant-Appellee. Tim Dunning, Sheriff of Douglas County; County of Douglas, Nebraska, Defendants, v. St. Paul Fire and Marine Insurance Company, Garnishee-Appellant. Nicholas Sampson, Plaintiff-Appellant, v. Investigator William Lambert, in his official and individual capacities; Investigator Charles O'Callaghan, in his official and individual capacities; 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, in his official and individual capacities; Douglas County Sheriff's Office, Defendants. David W. Kofoed, in his official and individual capacities, Defendant-Appellee, v. St. Paul Fire and Marine Insurance Company, also known as The Saint Paul Travelers Companies, Inc., Garnishee-Appellee. Matthew Livers, Plaintiff-Appellant, 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, Defendants. David Kofoed, Commander of the Douglas County Sheriff's Office Crime Scene Investigation Division, Defendant-Appellee. Tim Dunning, Sheriff of Douglas County; County of Douglas, Nebraska, Defendants, v. St. Paul Fire and Marine Insurance Company, also known as The Saint Paul Travelers Companies, Inc., Garnishee-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 11, 2018.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of and appeared on the brief of appellant/cross-appellee St. Paul Fire and Marine Insurance Company was Aaron Daniel Van Oort, of Minneapolis, MN. The following attorney(s) appeared on the appellant/cross appellee brief; Jeffrey Justman , of Minneapolis, MN., Jean Mary Golden , of Chicago, IL., John David Hackett , of Chicago, IL.

Counsel who presented argument on behalf of and appeared on the brief of the appellee/cross-appellants Nicholas Sampson and Matthew Livers was Maren Lynn Chaloupka, of Scottsbluff, NE. The following attorney(s) appeared on the appellee/cross-appellants brief; Robert W. Mullin of Omaha, NE.

Before SMITH, Chief Judge, MURPHY and COLLOTON, Circuit Judges.


St. Paul Fire and Marine Insurance Co. ("St. Paul Insurance") appeals the district court's grant of summary judgment to Matthew Livers and Nicholas Sampson. The court concluded that St. Paul Insurance had a duty under its coverage policy to indemnify David Kofoed for intentional acts Kofoed committed against Livers and Sampson...

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