111877P.pdf   11/08/2012  Matthew Livers  v.  Tim Dunning
   U.S. Court of Appeals Case No:  11-1877
                          and No:  11-1879
                          and No:  11-1880
                          and No:  11-1917
                          and No:  11-1918
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Riley, Author, with Wollman and Smith, Circuit Judges]
   Civil case - Civil Rights. District court erred in denying defendants
   qualified immunity on plaintiffs' Fifth Amendment due process claims as
   that amendment only restrains the federal government and none of the
   defendants are federal employees; on claims defendants coerced a
   confession from plaintiff Livers, the district court did not err in denying
   defendants' motions for summary judgment based on qualified immunity
   as their actions potentially violated a clearly established right and a
   reasonable officer would have known that; district court erred in denying
   defendants' motion for summary judgment on plaintiff Sampson's claims
   that they violated his rights by coercing Livers' confession as he did not
   have standing; the district court did not err in denying defendants
   summary judgment on Livers' claims they violated his rights by
   fabricating evidence; defendant Dunning was entitled to qualified
   immunity on Livers' failure-to-train and failure-to-supervise claims;
   district court did not err in denying defendants' motion for summary
   judgment on plaintiffs' false arrest claims; assuming defendants failed to
   disclose exculpatory evidence, there was no Brady violation because
   plaintiffs were not convicted; defendants are entitled to qualified
   immunity on plaintiff Livers' failure-to-intervene claim; plaintiffs
   presented sufficient allegations and evidence of violation of clearly
   established rights to survive the Cass and NSP defendants' motion for
   summary judgment on their conspiracy claims; defendant Dunning was
   entitled to summary judgment on the conspiracy claims.