McCurry v. Tesch

ARNOLD, Circuit Judge.

This case, which is now before us for the second time, is an action for damages arising out of an incident which occurred at the Faith Baptist Church of Louisville, Nebraska, on October 18, 1982. Shortly after six o’clock that morning, Sheriff Fred Tesch of Cass County, Nebraska, one of the defendants, arrived at the church and, with the assistance of other officers, physically removed about 85 people, including the plaintiffs here, from the church. At the time, the people involved were conducting a “prayer vigil,” singing, preaching, reading the Bible, praying, and so…