171104P.pdf   09/11/2018  Nicholas Sampson  v.  St. Paul Fire and Marine Ins.
   U.S. Court of Appeals Case No:  17-1104
                          and No:  17-1106
                          and No:  17-1114
                          and No:  17-1117
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Smith, Author, with Murphy and Colloton, Circuit Judges] 
   Civil case - Insurance. For a related case, see Livers v. Schenck, 700 
   F.3d 340 (8th Cir. 2012) which sets out the facts regarding the wrongful 
   filing of murder charges against the plaintiffs and the misconduct of 
   Douglas County Police Commander Kofoed. After settling with the other 
   defendants in that matter, the plaintiffs recovered substantial damages 
   against Koefoed for tampering with the evidence which led to the charges, 
   and they initiated garnishment proceedings against St. Paul, Douglas 
   County's insurer for its law enforcement officers. The district court 
   found Kofoed's act, while criminal, was covered under the policy's 
   malicious prosecution exception and that the company had a duty to 
   indemnify Kofoed for both compensatory and punitive damages, as well as 
   plaintiffs' attorneys' fees awards. Held, the district court erred in 
   finding Kofoed's crime of evidence tampering was covered because it is 
   analagous to civil malicious prosecution; because plaintiffs' underlying 
   action failed to plead malicious prosecution, the district court's entry 
   of a default judgment against Kefoed did not include a judgment for 
   malicious prosecution, and the insurer had no duty to indemnify Kofoed on 
   plaintiffs' judgment.