United States Eighth Circuit
Marksmeier v. Davie, 09-3074
In a section 1983 action claiming that defendant-officers arrested plaintiff for sexual assault without probable cause, summary judgment for defendants is affirmed where: 1) the district court did not err in concluding that plaintiff's constitutional rights were not violated by his arrest as there was probable cause to believe that plaintiff had committed a violation of Nebraska law; 2) plaintiff failed to identify a deliberate choice of a guiding principle or procedure made by the municipal official who has final authority regarding such matters; and 3) the district court did not abuse its substantial discretion in granting a protective order.
Appellate Information
- Decided 10/08/2010
- Published 10/08/2010
Judges
- Bobby E. Shepherd
Court
- United States Eighth Circuit