Teresa SPAGNA, Plaintiff-Appellant,
v.
PHI KAPPA PSI, INC., a non-profit corporation; Creighton University Beta Chapter of the Phi Kappa Psi Fraternity, an unincorporated association; Park Avenue Phi Psi House, Inc., a non-profit corporation, Defendants.
Collin Gill, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Daniel W. Tift, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Jonah M. Buss, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Cody M. Casper, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Troy M. Taylor, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Alan J. Anderson, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; David Meler, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Brendan Tobin Rezich, individually and as an agent of Phi Kappa Psi Fraternity, Inc. and the Nebraska Beta Chapter of Phi Kappa Psi Fraternity; Phi Kappa Psi Fraternity, Inc., a non-profit Corporation; Nebraska Beta Chapter of Phi Kappa Psi Fraternity, an unincorporated association, Defendants-Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Douglas W. Krenzer , Amy Marie Locher , Locher & Pavelka, Omaha, NE, for Defendants-Appellees Daniel W. Tift, Jonah M. Buss, Nebraska Beta Chapter of Phi Kappa Psi Fraternity.
Dana Livingston , Attorney, Cokinos & Young, Jennifer A. Riso , Spencer & Fane, Austin, TX, for Defendant-Appellee Phi Kappa Psi Fraternity, Inc.
Before BENTON, KELLY, and ERICKSON, Circuit Judges.
ERICKSON, Circuit Judge.
Teresa Spagna and Christopher Wheeler were students at Creighton University ("Creighton") in Omaha, Nebraska, during January and February of 2017. In the early morning hours of February 11, 2017, Wheeler, who was black-out drunk after the preceding weeks of participating in Phi Kappa Psi Fraternity's rush and initiation...
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