043244P.pdf   08/12/2005  Kenneth Swipies  v.  Frank Kofka
   U.S. Court of Appeals Case No:  04-3244
   Northern District of Iowa   
   [PUBLISHED] [M. Arnold, Author, with Murphy and Benton, Circuit 
   Judges] 
   Civil case - civil rights. Non-custodial father had a protected liberty 
   interest in his visitation rights with his daughter; plaintiff did not receive 
   all the process to which he was entitled because he was denied an 
   opportunity to be heard at a meaningful time because the contempt 
   hearing at which the state court examined the issue was held seventeen 
   days after the removal; state law did not shield deputy from Section 1983 
   liability, and the district court did not refuse to give an instruction based 
   on the good faith defense established by Iowa Code Sec. 232.79(3); 
   although the instructions in the case were otherwise flawed, the court 
   would not correct the error sua sponte in the face of defendant's failure to 
   act to challenge the error; district court did err in submitting the question 
   of punitive damages to the jury as there was no legally sufficient 
   evidentiary basis on which a jury could find that plaintiff was entitled to 
   punitive damages.