United States Eighth Circuit

In civil rights suits brought against a county and former prosecutors and officers involved in an initial investigation and prosecution of plaintiffs for murder, arguing they used perjured and fabricated testimony and withheld evidence in violation of their constitutional rights, denial of summary judgment for certain defendants is affirmed for the most part, but reversed in part as to a defamation charge brought against a current prosecutor where he was entitled to sovereign immunity under the Iowa Tort Claims Act (ITCA).

Appellate Information

• Decided 02/01/2008
• Published 02/01/2008

Judges

• RILEY, Circuit Judge., Before RILEY, TASHIMA, and SMITH Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen Sanders, argued, Chicago, IL, Robert M. Livingston, on the brief, Council Bluffs, IA, for appellant.


• For Appellees:
  
• Mel C. Orchard, argued, Jackson, WY, Stephen D. Davis, Chicago, IL, Gary L. Spence and Larissa A. McCalla, Jackson, WY, Thomas P. Frerichs, Waterloo, IA, on the brief, for appellees.