Skip to main content

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

Counsel

Copied to clipboard