The Nebraska Supreme Court has been asked to decide if a county sheriff should have done more to prevent a 1993 murder which became the subject of the movie Boys Dont Cry.

Teena Brandon, who often dressed as a man, was killed in retaliation for telling police two men raped her after learning her true gender. The men also killed two others who witnessed Brandons death.

In a lawsuit, mother Joann Brandon argues that former Richardson County Sheriff Charles Laux should have arrested John Lotter and Marvin Nissen for rape before they had the chance to kill her daughter.

The high court was to hear arguments Friday in the case, which has outraged homosexual activists.

In 1999, District Judge Orville Coady ruled the county should have offered the 21-year-old Brandon protective custody after she reported the rape about a week before her slaying.

Coady did not find Laux personally liable, but admonished him and said he should apologize to Brandons family, friends and the community.

Joann Brandon, seeking more than $350,000 from the county, was awarded $17,360 and is appealing the damage amount.

Her attorney, Herbert Friedman, said in court briefs that Laux was more concerned with Brandons sexuality than he was with keeping her safe.

He said Laux showed indifference to the rape allegation by referring to Teena Brandon, who used the alias Brandon Teena, as it and not immediately arresting Lotter and Nissen.

According to court records, Lauxs interrogation included questions such as Do you run around ... with a sock in your pants to make you look like a boy? and The girls that dont know about you ... do you kiss them?

Richard Boucher, representing the county, said Laux was simply trying to establish Teena Brandons credibility and conducted a reasonable investigation.

Sheriff Laux advised Ms. Brandon that ... `some of the questions would be rude, but the county attorney would need them if we went to trial, Boucher argued.

Lotter received three death sentences and is awaiting execution. Nissen, in a deal with prosecutors, testified against Lotter and was sentenced to life in prison.

For the 1999 movie Boys Dont Cry, Hilary Swank, who portrayed Brandon, won an Academy Award for best actress. Chloe Sevigny received a best supporting actress nomination for playing Lana Tisdel, Teena Brandons girlfriend.

The slaying also was the subject of a 1998 documentary, The Brandon Teena Story.

Thirty-one civil rights and victims advocacy groups have filed briefs with the high court in support of the mothers lawsuit