Title: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA
Abstract: FOR THE DISTRICT OF NEBRASKA MATTHEW LIVERS, ) ) Case No. 8:08 CV 107 Plaintiff, ) ) PLAINTIFF’S BRIEF IN SUPPORT OF v. ) HIS MOTION FOR A ) COMPENSATORY AND PUNITIVE EARL SCHENCK, Cass County ) DAMAGES AWARD AGAINST Sheriff’s Investigator, et al., ) DEFENDANT DAVID KOFOED ) Defendants. ) Plaintiff Matthew Livers submits this memorandum in support of his motion for the entry of a final judgment in his favor and against Defendant Kofoed for compensatory damages in the amount of $1.65 million and for punitive damages in an equal amount, for a total of $3.3 million, plus attorney’s fees and costs.1 On October 22, 2013, the court entered a default judgment against Defendant David Kofoed (Doc. No. 716) based upon Kofoed’s failure to answer the Second Amended Complaint (Doc. No. 238), his failure to participate in the preparation of the Final Pretrial Order (see Doc. No. 669), and his failure to appear for the scheduled jury trial at 9:00 a.m. on October 22. The court directed Plaintiff to file a written motion for a compensatory and punitive damages award against Kofoed. Doc. No. 714. There is Factual Basis to Award Substantial Compensatory Damages for Defendant Kofoed’s Role in the Violation of Plaintiff’s Due Process Rights Kofoed was named as a co-defendant in Plaintiff’s second due process claim for manufacturing and fabricating the evidence that was used to prolong Plaintiff’s unjust
Publication Year: 2008
Publication Date: 2008-01-01
Language: en
Type: article
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Cited By Count: 1
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