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Sampson v. Schenck

United States District Court, D. Nebraska

September 13, 2013

NICHOLAS SAMPSON, Plaintiff,
v.
EARL SCHENCK, et al., Defendants. MATTHEW LIVERS, Plaintiff,
v.
EARL SCHENCK, et al., Defendants

For Nicholas Sampson (8:07-cv-00155-JFB-TDT), Plaintiff: John W. Ballew, Jr., LEAD ATTORNEY, BALLEW, COVALT LAW FIRM, Lincoln, NE; Maren L. Chaloupka, LEAD ATTORNEY, CHALOUPKA, HOLYOKE LAW FIRM, Scottsbluff, NE.

For Investigator William Lambert, in his official and individual capacities, Investigator Charles O'Callaghan, in his official and individual capacities (8:07-cv-00155-JFB-TDT), Defendants: David D. Cookson, David A. Lopez, Katherine J. Spohn, Ryan S. Post, Stephanie A. Caldwell, LEAD ATTORNEYS, ATTORNEY GENERAL'S OFFICE - NEBRASKA, Lincoln, NE.

For Sergeant Sandy Weyers, in her official and individual capacities, Investigator Earl Schenck, in his official and individual capacities (8:07-cv-00155-JFB-TDT), Defendants: David D. Cookson, LEAD ATTORNEY, ATTORNEY GENERAL'S OFFICE - NEBRASKA, Lincoln, NE; Kimberly K. Sturzenegger, LEAD ATTORNEY, BOUCHER LAW FIRM, Lincoln, NE.

For Cass County Sheriff's Office, a Nebraska political subdivision (8:07-cv-00155-JFB-TDT), Defendant: David D. Cookson, LEAD ATTORNEY, ATTORNEY GENERAL'S OFFICE - NEBRASKA, Lincoln, NE; Kimberly K. Sturzenegger, Richard L. Boucher, LEAD ATTORNEYS, BOUCHER LAW FIRM, Lincoln, NE.

For Does 1-8, in their official and individual capacities (8:07-cv-00155-JFB-TDT), Defendant: Kimberly K. Sturzenegger, Richard L. Boucher, LEAD ATTORNEYS, BOUCHER LAW FIRM, Lincoln, NE.

For Douglas County Sheriff's Office (8:07-cv-00155-JFB-TDT), Defendant: David D. Cookson, LEAD ATTORNEY, ATTORNEY GENERAL'S OFFICE - NEBRASKA, Lincoln, NE; Diane M. Carlson, Timothy K. Dolan, LEAD ATTORNEY, DOUGLAS COUNTY ATTORNEY'S OFFICE - CIVIL DIVISION, Omaha, NE.

For David W. Kofoed, in his official and individual capacities (8:07-cv-00155-JFB-TDT), Defendant, Pro se, Charlotte, NC.

For C. L. Retelsdorf, Christine Gabig (8:07-cv-00155-JFB-TDT), Interested Parties: Diane M. Carlson, LEAD ATTORNEY, DOUGLAS COUNTY ATTORNEY'S OFFICE - CIVIL DIVISION, Omaha, NE.

For Matthew Livers (8:08-cv-00107-JFB-TDT), Plaintiff: David M Shapiro, Julia T. Rickert, Locke E. Bowman, LEAD ATTORNEYS, PRO HAC VICE, NORTHWESTERN UNIVERSITY SCHOOL OF LAW, Chicago, IL; Robert W. Mullin, LEAD ATTORNEY, LIEBEN, WHITTED LAW FIRM, Omaha, NE; Steven A. Drizin, LEAD ATTORNEY, PRO HAC VICE, BLUHM LEGAL CLINIC, Northwestern University School of Law, Chicago, IL.

For William Lambert, Nebraska State Patrol Investigator, Charles O'Callaghan, Nebraska State Patrol Investigator (8:08-cv-00107-JFB-TDT), Defendants: David D. Cookson, David A. Lopez, James D. Smith, Katherine J. Spohn, Ryan S. Post, Stephanie A. Caldwell, LEAD ATTORNEYS, ATTORNEY GENERAL'S OFFICE - NEBRASKA, Lincoln, NE.

For David Kofoed, Commander of the Douglas County Sheriff's Office Crime Scene Investigation Division, (8:08-cv-00107-JFB-TDT), Defendant, Pro se, Charlotte, NC.

For Tim Dunning, Sheriff of Douglas County (8:08-cv-00107-JFB-TDT), Defendant: David D. Cookson, LEAD ATTORNEY, ATTORNEY GENERAL'S OFFICE - NEBRASKA, Lincoln, NE; Diane M. Carlson, Timothy K. Dolan, LEAD ATTORNEYS, DOUGLAS COUNTY ATTORNEY'S OFFICE - CIVIL DIVISION, Omaha, NE.

OPINION

Page 1059

MEMORANDUM AND ORDER

Joseph F. Bataillon, United States District Judge.

This matter is before the court on defendant Douglas County Sheriff's Office's motion for summary judgment, Filing No. 665, and defendant William Lambert's and Charles O'Callaghan's (hereinafter, " the Nebraska State Patrol (NSP) defendants" ) motion for partial summary judgment, Filing No. 668, in Sampson v. Schenck, No 8:07CV155; and on defendant Douglas County's motion for summary judgment, Filing No. 540, the NSP defendants' motion for partial summary judgment, Filing No. 543, and defendant Cass County's motion for summary judgment, Filing No. 548, in Livers v. Schenck, No. 8:08CV107.

These actions involve the arrests of plaintiffs Sampson and Livers for allegedly murdering Livers's aunt and uncle, Sharmon and Wayne Stock. The plaintiffs

Page 1060

seek damages from Cass County, investigators from the Cass County Sheriff's Office and Nebraska State Patrol, and convicted former Douglas County Crime Scene Investigator David Kofoed for the injuries they sustained as a result of the false charges. The plaintiffs contend that the defendants, individually and in conspiracy, detained them without probable cause; conducted a coercive, conscience-shocking interrogation of Livers that caused him to confess falsely to the crimes; and thereafter fabricated evidence and coerced witnesses in an attempt to preserve the wrongful charges. Livers alleges that Cass County failed to properly train ...


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