Court of Appeals for the Eighth Circuit August 25, 2006, 05-1572 (Karl M. Schenk Dr. Nancy Schenk v. Robert L. Chavis, Individually and in His Official Capacity as Yankton County, South Dakota, State's Attorney)

MELLOY, Circuit Judge.

Karl Schenk (Schenk) and his wife Dr. Nancy Schenk (Dr. Schenk), brought this action against Yankton County, South Dakota, State’s Attorney Robert Chavis. The Schenks allege Chavis violated Schenk’s civil rights by improperly prosecuting him.