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LeFEVER v. DAWSON COUNTY SHERIFF'S DEPT.

No. 23-1109.

109 F.4th 1100 (2024)

Luke LeFEVER, Plaintiff-Appellant v. DAWSON COUNTY SHERIFF'S DEPARTMENT, Defendant. Ivan Castellanos, Dawson County Deputy, in his official and individual capacities; Jerome Kramer, Lincoln County Sheriff, in his official and individual capacities; Deputy Roland Kramer, Chief Deputy, in his official and individual capacities; Brett Schmidt, Deputy, in his official and individual capacities; Elwood, Nebraska State Patrol Trooper Sgt., in his individual capacity; County of Dawson, Nebraska; Lincoln County; Carlos Trevino, Nebraska State Patrol Trooper, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 31, 2024.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the appellant's brief, was Matthew M. Munderloh, of Omaha, NE.

Counsel who presented argument on behalf of appellees County of Dawson and Ivan Castellanos and appeared on the appellees' brief, was Patrick Ryan Guinan, of Lincoln, NE.

Counsel who presented argument on behalf of appellee Carlos Trevino and appeared on the appellee's brief, was Justin James Hall, AAG, of Lincoln, NE.

Counsel who presented argument on behalf of appellees Lincoln County, Jerome Kramer, Roland Kramer and Brett Schmidt, and appeared on the appellees' brief, was Terrance O. Waite, of North Platte, NE.

Before ERICKSON, MELLOY, and STRAS, Circuit Judges.

Plaintiff Luke LeFever lunged at an officer during a roadside encounter. Two tasings failed to subdue Mr. LeFever, and he fled. He attempted to steal a police cruiser, attempted to steal a truck, broke into a nearby home, assaulted a resident, and stole a utility vehicle. The officer shot at the vehicle's rear wheel from close...

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