DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063293P.pdf 10/04/2007 Roger Brockinton v. City of Sherwood
U.S. Court of Appeals Case No: 06-3293
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Bowman, Author, with Benton and Shepherd, Circuit
Judges]
Civil Case - civil rights. Summary judgment to law enforcement officials
in civil rights action claiming Fourth and Fourteenth Amendment
violations is affirmed. Negligent failure to conduct adequate
investigation is not a violation of due process. District court did not err
in determining investigator was entitled to qualified immunity, as actions or
inactions did not rise to level of recklessness that shocks the conscience.
County sheriff was also properly granted qualified immunity on failure to
train or supervise claim and supervisor cannot be held individually liable
where no underlying constitutional violation. Official capacity claims
failed because the individual liability claims failed. Officer who sought
search warrant and arrest warrant could have reasonably believed
probable cause existed to support warrants. Plaintiff failed to allege
sufficient facts to support conclusion that investigation into ownership
interests was reckless and thus releasing boat was not violation of due
process. Police chief cannot be held liable under supervisory liability
theory. Claims against City also fail.