Legal Opinion

Hevelone v. Thomas

District Court, D. Nebraska

Decided April 8, 1976No. Civ. 75-0-128PublishedCited by 11 opinions

1Opinion of the Court

DENNEY, District Judge.

• This matter comes before the Court upon the motion of defendants for summary judgment [Filing # 11] subsequent to the submission of briefs and a hearing before the Court on March 23, 1976. The question presented is whether a sheriff and private persons who evict persons allegedly without due process of law pursuant to court order are immune from a suit for damages under 42 U.S.C. § 1983, the Civil Rights Act of 1871.

The pleadings, interrogatories, affidavits and exhibits reveal the following uncontroverted facts.

The events which culminated in this lawsuit emanate from…

2Cases cited20 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Imbler v. PachtmanSupreme Court of the United States · 1976
  4. Monroe v. PapeSupreme Court of the United States · 1961
  5. Pierson v. RaySupreme Court of the United States · 1967

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3Cited by11 opinions

  1. Tymiak v. OmodtCourt of Appeals for the Eighth Circuit · 1982
  2. Tammy Lane Huemmer v. Mayor and City Council of Ocean City and Kenneth Kidde and Irving J. McCabe T/a McCabe Bp Service Station, (Two Cases). Tammy Lane Huemmer v. Mayor and City Council of Ocean City and Kenneth Kidde and Irving J. McCabe T/a McCabe Bp Service StationCourt of Appeals for the Fourth Circuit · 1980
  3. Singer Ex Rel. Singer v. WadmanDistrict Court, D. Utah · 1982
  4. Farmer v. LawsonDistrict Court, N.D. Georgia · 1981
  5. Redcross v. County of RensselaerDistrict Court, N.D. New York · 1981

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