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.
032861P.pdf 09/02/2004 Sylvia Avalos v. City of Glenwood
U.S. Court of Appeals Case No: 03-2861
Southern District of Iowa
Civil Case - civil rights - qualified immunity. District court erred in
denying summary judgment on the basis of qualified immunity on
substantive due process claim to officer after third party injured subject of
investigation. Claims against municipal defendants are necessarily
resolved by decision that officer is entitled to qualified immunity. Denial
of summary judgment in favor of municipal defendants is reversed as
plaintiff is unable to show a deprivation of constitutional right or a
municipal custom or policy that cause such deprivation. [PUBLISHED]
[Riley, Author, with M.Arnold and Colloton, Circuit Judge]