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ENGESSER v. FOX

No. 19-3232.

993 F.3d 626 (2021)

Oakley Bernard ENGESSER Plaintiff-Appellant v. Trooper Edward FOX, of the South Dakota Highway Patrol, in his individual capacity; Michael Kayras, Trooper Fox's supervisor, in his individual capacity; Jennifer Utter, Meade County States Attorney; Gordon Swanson, Meade County States Attorney; Amber Richey, Meade County Assistant States Attorney; Meade County Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 7, 2021.

Attorney(s) appearing for the Case

Michael Steven Beardsley , Steven Carson Beardsley , Beardsley & Jensen, Rapid City, SD, for Plaintiff-Appellant Oakley Bernard Engesser.

Robert L. Morris, II , Morris Law Firm, Belle Fourche, SD, for Defendant-Appellee Trooper Edward Fox.

Robert B. Anderson , Terra M. Fisher , Michael F. Shaw , May & Adam, Pierre, SD, for Defendant-Appellee Michael Kayras.

Rebecca L. Mann , John Crisman Palmer , Gunderson & Palmer, Rapid City, SD, for Defendants-Appellees Jennifer Utter, Gordon Swanson, Amber Richey, Meade County.

Before COLLOTON, GRASZ, and STRAS, Circuit Judges.

After spending more than 10 years in prison, Oakley Engesser was released when new evidence suggested that he was not the driver of a vehicle that caused a fatal accident. Not long after, he filed a lawsuit alleging that the investigating officers had violated his constitutional rights. See 42 U.S.C. § 1983. The...

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