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HALL v. COUNTY OF NEMAHA, NEB.

No. 4:06CV3069.

509 F.Supp.2d 821 (2007)

Lesley A. HALL and Julie E. West, Personal Representatives of Jeremiah Dalin Hall (Deceased), Plaintiffs, v. The COUNTY OF NEMAHA, NEBRASKA and The City of Auburn, Nebraska, political subdivisions of the State of Nebraska; Brent Lottman, Sheriff of Nemaha County, Nebraska, in his official and individual capacities; Chris Baker, Chris Erickson, and John Does 1-3, law enforcement officers employed by the County of Nemaha, Nebraska or the City of Auburn, Nebraska, in their individual and official capacities, Barbie Baker, Gail Kelsey, Tierra Erickson, and John Does 4-5, jailors and dispatchers employed by the County of Nemaha, Nebraska or the City of Auburn, Nebraska, in their individual and official capacities, Defendants.

United States District Court, D. Nebraska.

September 7, 2007.

Attorney(s) appearing for the Case

Douglas L. Kerns, Kerns Law Firm, Lincoln, NE, for Plaintiffs.

Vincent Valentino, Angle, Murphy Law Firm, York, NE, Jarrod S. Boitnott, Randall L. Goyette, Baylor, Evnen Law Firm, Lincoln, NE, for Defendants.

MEMORANDUM AND ORDER

RICHARD G. KOPF, District Judge.

It is undisputed that the plaintiffs' decedent, Jeremiah Hall (Hall), swallowed methamphetamine during a roadside stop of a vehicle in which he was riding. It is also undisputed that several hours later he died in jail as a result of that oral ingestion of the drugs.

Making four claims, the plaintiffs have sued the defendants. (Filing 1.) The plaintiffs contend that: (1) pursuant to 42 U.S.C....

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