United States Eighth Circuit

In an action under 42 U.S.C. section 1983 against Missouri police officers, alleging that they failed to protect plaintiff from an intoxicated driver in responding to his accident, summary judgment for defendants is affirmed where: 1) the evidence did not support a finding that defendants took plaintiff into custody and held him against his will so as to trigger the corresponding duty described in DeShaney; and 2) because the percentage of alcohol in the blood diminishes with time, an effort to secure evidence of blood-alcohol content by drawing blood from a suspect after his arrest was a reasonable search incident to arrest.

Appellate Information

• Decided 10/18/2010
• Published 10/18/2010

Judges

• James B. Colloton

Court

• United States Eighth Circuit

Counsel