United States Eighth Circuit

In an action alleging excessive force against the police, district court's grant of summary judgment for defendant is affirmed where the Fourth Amendment claim fails and defendant is entitled to qualified immunity as plaintiff failed to submit probative evidence that defendant's warrant affidavit contained deliberate falsehoods or a reckless disregard of the truth, and that a corrected affidavit would not have been sufficient to support a finding of probable cause.

Appellate Information

• Decided 04/24/2009
• Published 04/24/2009

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BEAM, Circuit Judge, and KYLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul Matthew Tancredi, Kansas City, MO, argued, for appellant.


• For Appellees:
  
• Diane Peters, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellee.