152431P.pdf   08/23/2016  Leroy Duffie  v.  City of Lincoln
   U.S. Court of Appeals Case No:  15-2431
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Smith, Author, with Shepherd and Kelly, Circuit Judges] 
   Civil case - Civil Rights. The district court erred in granting 
   defendants' motion for summary judgment based on qualified immunity 
   because the report on which the officers stopped plaintiff did not contain 
   information sufficient to create a reasonable suspicion that plaintiff had 
   or was about to commit a crime; under Nebraska law which permits a person 
   to carry a handgun in open view, an objectively reasonable officer could 
   not reliably conclude that the young man described in the incident report 
   to police could not legally possess a firearm; nor did the convenience 
   store clerk's report make out a case that the young man committed an 
   assault; further, whatever suspicion the officer possessed decreased when 
   placed in the context of his stop of plaintiff as an objectively 
   reasonable officer would not mistake the 58-year-old bald plaintiff for 
   the young man with short hair in the report; as a result, the defendant 
   officers involved in the stop were not entitled to qualified immunity. 
   Judge Shepherd, dissenting.