Waldron v. Roark

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Waldron v. Roark

Case Number
S-16-0676
Call Date
February 2, 2017
Court Number
Lancaster
Case Summary

A-16-0676, Marilyn Waldron (Appellant) v. Lancaster County Deputy Sheriff J. Roark

Lancaster County, Judge Robert Otte

Attorneys: Vincent Powers (Appellant) --- David A. Derbin, Ryan Mick Swaroff (County Attorney's Office)

Civil: 42 U.S.C. ' 1983; qualified immunity

Proceedings below: The trial court determined that Appellee was entitled to qualified immunity.

Proceedings below: This case was previously before the Supreme Court. See Waldron v. Roark, 292 Neb. 889 (2016) (reversed and remanded for further proceedings). Upon remand, the court granted summary judgment in favor of Appellee finding Appellee was entitled to qualified immunity.

Issues: 1. The district court erred in granting a summary judgment in favor of Defendant Roark. 2. The district court erred in finding that sufficient exigent circumstances existed from Defendant Roark's perspective to warrant his entry without a proper announcement. 3. The district court erred in finding that Defendant Roark had probable cause to arrest Ms. Waldron. 4. The district court erred in finding that Ms. Waldron's right to be free of the excessive force used by Deputy Roark was not clearly established at the time of the arrest in this case. 5. The district court erred in finding that Deputy Roark was entitled to qualified immunity. 6. The district court erred in finding that there was no evidence to support a claim that a policy or custom of Lancaster County caused Ms. Waldron's damages. 7. The district court erred in finding that Defendant Roark was entitled to summary judgment against him on the claim against him in his official capacity.