Duncan v. Storie

LAY, Chief Judge.

This suit arises under 42 U.S.C. § 1983. It comes here on an interlocutory appeal from a denial of summary judgment by the district court.1 See Mitchell v. Forsyth, 472 U.S. 511, 524-530, 105 S.Ct. 2806, 2814-17, 86 L.Ed.2d 411 (1985).

At the time the events in issue took place, Kenneth Duncan was the Chief of Police and Captain of the Volunteer Rescue Squad in Emerson, Nebraska and Clyde Storie was Sheriff of Thurston County. For some time prior to December 23, 1985, there had been an ongoing dispute between Duncan and Storie, whose jurisdictions overlap geographically,…