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Waldron v. Roark

Supreme Court of Nebraska

February 26, 2016

MARILYN WALDRON, APPELLANT,
v.
LANCASTER COUNTY DEPUTY SHERIFF JAMES ROARK, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY, APPELLEE

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Appeal from the District Court for Lancaster County: ROBERT R. OTTE, Judge.

Vincent M. Powers, of Vincent M. Powers & Associates, for appellant.

Richard C. Grabow and David A. Derbin, Deputy Lancaster County Attorneys, for appellee.

WRIGHT, CONNOLLY, CASSEL, and STACY, JJ. HEAVICAN, C.J., and MILLER-LERMAN, J., participating on briefs. McCORMACK, J., not participating.

OPINION

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[292 Neb. 891] Wright, J.

NATURE OF CASE

This action was brought pursuant to 42 U.S.C. § 1983 (2012). Appellant, Marilyn

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Waldron, filed an appeal from the [292 Neb. 892] district court's order granting summary judgment to appellee, Lancaster County Deputy Sheriff James Roark. Waldron was a 78-year-old woman who sustained injuries when Roark and his partner, Deputy Sheriff Amanda May, entered Waldron's home to serve an arrest warrant on her grandson, Steven Copple. The officers were not uniformed and drove an unmarked vehicle.

Waldron claimed the deputies did not display badges and did not present a warrant upon demand before or after using force to enter her home. She claimed that Roark forcefully placed her in handcuffs, which caused injuries, including a torn rotator cuff. Waldron claimed that the entry was in violation of the Fourth Amendment and that Roark used excessive force. The district court found that as a matter of law, the deputies' entry was ...


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