United States Eighth Circuit

In an action against a prison investigator, deputy sheriff, and prosecution investigator for their investigations which led to plaintiff's conviction for murder and death sentence, brought after he obtained habeas relief, summary judgment for defendants is affirmed where: 1) the district court did not err in finding that defendants were entitled to qualified immunity; 2) the defendants' actions did not violate plaintiff's Fourth Amendment rights as they were supported by probable cause; and 3) the district court did not abuse its discretion in denying plaintiffs request for leave to file a third amended complaint as it would have been futile.

Appellate Information

• Decided 04/08/2008
• Published 04/08/2008

Judges

• MURPHY, Circuit Judge., Before LOKEN, Chief Judge, MURPHY, Circuit Judge, and JARVEY, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Todd Kennedy, Oliver & Hedges, LLP, San Francisco, CA, argued (Quinn E. Urquhart, San Francisco, CA, Arthur A. Benson II, Jamie Kathryn Lansford, Kansas City, MO, on the brief), for appellant., Jonathan S. Franklin, Fulbright & Jaworski, LLP, Washington, DC, for amici curiae National Association for the Advancement of Colored People and NAACP-Kansas City Branch, in support of appellant.


• For Appellees:
  
• Bruce Farmer, Oliver Walker Wilson, LLC, Columbia, MO, argued, for appellee Hemeyer., Emily Kalmer, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellee Schmutzler.