Federal Lawsuit Update


Damages sought in federal court case.

Matthew Livers asks for $3.3 million in punitive and compensatory damages, and $1.2 million in attorney fees and court costs, as a result of the default judgment against former crime scene investigator David Kofoed. The documents were filed this week in U.S. District Court.

The Cassgram reports the judge’s October 22nd order for default judgment included the notation that Kofoed did not answer complaints or appear for court hearings in the federal civil rights cases brought by Livers and his cousin, Nicholas Sampson. Both were jailed for months in 2006 on first degree murder charges in the deaths of Wayne and Sharmon Stock of rural Murdock. Both were later released and two teenagers from Wisconsin confessed to the murders.

In a bench trial in 2010 Cass County District Court, Kofoed was convicted of a felony for planting blood evidence in a car during the 2006 investigation. At the time, that evidence bolstered the case against Livers and Sampson.

Sampson’s attorney is filing papers this week asking for damages too.

An Omaha World-Herald report said Kofoed now lives in North Carolina and has no job and no money.

Livers and Sampson settled lawsuits two weeks ago against the Cass County Sheriff’s Department and two of its former investigators, and the Nebraska State Patrol and two investigators. A total of $2.6 million—$1.5 million of that to be paid by Cass County through its insurance—is being paid to the two men.


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