United States Eighth Circuit

In an action against a police officer under 42 U.S.C. section 1983, claiming that defendant violated plaintiff's rights under the First, Fourth, and Fourteenth Amendments by arresting and detaining him without probable cause, and by fabricating charges against him so that he would be held in jail over the weekend, judgment for defendant is affirmed where: 1) because the district court's instructions were consistent with the Supreme Court of Minnesota's interpretation of the obstruction statute in Engholm, the district court did not abuse its discretion in rejecting a proposed instruction; and 2) it was of no moment whether defendant also had arguable probable cause to arrest for a different offense.

Appellate Information

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

Judges

• James B. Colloton

Court

• United States Eighth Circuit

Counsel