ZUBROD v. HOCH

Nos. 17-1202, 17-1324.

907 F.3d 568 (2018)

Larry ZUBROD, Individually and as Administrator for the Estate of Michael Zubrod; Cheryl Zubrod, Individually and as Administrator of the Estate of Michael Zubrod, Plaintiffs-Appellants v. Shayne HOCH, in His Capacity as a Law Enforcement Officer for the Worth County Sheriff's Office; Issac Short, in His Capacity as a Law Enforcement Officer for the Worth County Sheriff's Office; John Smith, in His Capacity as a Law Enforcement Officer for the Worth County Sheriff's Office; Jay W. Langenbau, Sheriff, in His Individual Capacity; Worth County, Iowa Defendants-Appellees, Larry Zubrod, Individually and as Administrator for the Estate of Michael Zubrod; Cheryl Zubrod, Individually and as Administrator of the Estate of Michael Zubrod Plaintiffs-Appellees, v. Shayne Hoch, in His Capacity as a Law Enforcement Officer for the Worth County Sheriff's Office; Issac Short, in His Capacity as a Law Enforcement Officer for the Worth County Sheriff's Office; John Smith, in His Capacity as a Law Enforcement Officer for the Worth County Sheriff's Office; Jay W. Langenbau, Sheriff, in His Individual Capacity; Worth County, Iowa Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: October 22, 2018.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant/cross-appellee was Brandon John Brown , of Des Moines, IA. The following attorney(s) appeared on the appellant/cross-appellee brief; Brandon John Brown , of Des Moines, IA., Christine Bishop Skilton , of Nashua, IA., David Hamilton Skilton , of Nashua, IA., Adam Clifford Witosky , of Des Moines, IA., Robert Benjamin Stone , of Des Moines, IA.

Counsel who presented argument on behalf of the appellee/cross-appellants Thomas M. Boes , of Des Moines, IA. The following attorney(s) appeared on the appellee/cross-appellants brief:; Jason Palmer , of Des Moines, IA., Thomas M. Boes , of Des Moines, IA., Catherine Marie Lucas , of Des Moines, IA.

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


On the night of September 22, 2013, at around 11:25 p.m., Worth County Deputy Isaac Short responded to a domestic disturbance call in Northwood, Iowa. When he arrived, he found Michael Zubrod ("Michael") brutally attacking his girlfriend, Rhonda Schukei. A protracted struggle involving first Deputy Short and Michael, and eventually...

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