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EVERTSON v. CITY OF KIMBALL

No. S-08-524.

767 N.W.2d 751 (2009)

278 Neb. 1

Bruce EVERTSON and Perry Van Newkirk, appellees, v. The CITY OF KIMBALL et al., appellants.

Supreme Court of Nebraska.

July 2, 2009.

Attorney(s) appearing for the Case

Randall L. Goyette and Andrea D. Snowden, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellants.

Donald J.B. Miller, of Matzke, Mattoon & Miller, L.L.C., L.L.O., for appellees.

William F. Austin, of Erickson & Sederstrom, P.C., Omaha, for amicus curiae League of Nebraska Municipalities.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

I. SUMMARY

After receiving complaints alleging that police officers in Kimball, Nebraska, were engaged in racially profiling Hispanics, the mayor hired a private investigator to investigate. Later, the appellees, Kimball citizens Bruce Evertson and Perry Van Newkirk, brought a mandamus action to compel the City of Kimball, its mayor, and its city clerk (collectively the City) to disclose the investigative...

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