DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
001634P.pdf 04/10/2002 Audio Odyssey v. Brenton First Natl.
U.S. Court of Appeals Case No: 00-1634
Southern District of Iowa
Civil case - Civil rights. In action seeking redress for defendants'
mishandled execution of an ex parte writ of replevin authorizing
seizure of plaintiffs' inventory, fixtures and accounts, the court
en banc reinstates the panel's April 6, 2001 opinion, with the
exception of Part IV A of the panel opinion which is overruled;
Chief Judge Hansen, specially concurring; dissent by
Judge Loken, Judge Bowman, Judge Wollman and Judge Murphy.
001634P.pdf 04/06/2001 Audio Odyssey v. Brenton First Natl.
U.S. Court of Appeals Case No: 00-1634
Southern District of Iowa
Civil case - Section 1983. Shareholder or officer of a corporation
may not sue defendants for damages from an unlawful replevin
as the legal injury is suffered by the corporation; Iowa replevin
statute is neither unconstitutional facially or as applied; police
officers were not entitled to qualified immunity on claim they
violated plaintiff's rights by seizing real, rather than personal,
property; plaintiff raised genuine issues of material fact
concerning its damages, and the court erred in granting defendant
officers' motion for summary judgment; plaintiff also raised
genuine issues of material fact as to whether private parties
acted together with state officials, and private parties were not
entitled to summary judgment; dissent by Judge James Loken.