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THOMAS v. HUNGERFORD

No. 93-3232.

23 F.3d 1450 (1994)

Mark C. THOMAS, Plaintiff/Appellee, v. Dale HUNGERFORD, Individually and in his official capacity as police officer for the city of Kearney, Nebraska; Michael Kirkwood, Individually and in his official capacity as police officer for the city of Kearney, Nebraska, Defendants, Jeff Griss, Individually and in his official capacity as police officer for the city of Kearney, Nebraska, Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 11, 1994.

Attorney(s) appearing for the Case

William T. Wright, Kearney, NE, argued, for appellant.

Daniel L. Aschwege, Kearney, NE, argued, for appellee.

Before McMILLIAN, WOLLMAN, and BEAM, Circuit Judges.

WOLLMAN, Circuit Judge.

Mark C. Thomas filed this lawsuit, pursuant to 42 U.S.C. § 1983, claiming that Kearney, Nebraska, police officer Jeff Griss violated his constitutional rights by conducting an unlawful inventory search and by planting evidence that was used to convict him on a charge of possessing burglary tools. Griss appeals from the district court's denial of his motion for summary judgment1 on the basis of qualified immunity...

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