Charles E. Johnson v. Dan Schneiderheinz, Individually and as Sheriff of Merrick County, Nebraska, County of Merrick, Nebraska
Court of Appeals for the Eighth Circuit
1Opinion of the Court
LAY, Circuit Judge.
Charles E. Johnson was arrested for murder in Merrick County, Nebraska. Subsequently, Johnson was released, the charges were dismissed, and another individual was charged with the murder. Johnson brought this suit in federal district court against Merrick County Sheriff Dan R. Sehneiderheinz under 42 U.S.C: § 1983 claiming that his arrest violated his constitutional rights.
The sheriff moved for summary judgment on the basis of qualified immunity. The district court denied the sheriffs motion, finding a disputed material fact issue needed to be resolved to determine whether…
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