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.
063842P.pdf 03/25/2008 Kenneth Seymour v. City of Des Moines
U.S. Court of Appeals Case No: 06-3842
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Wollman, Author, with Bright and John R. Gibson,
Circuit Judges]
Civil Case - civil rights - qualified immunity. Grant of summary
judgment on basis of qualified immunity to City and police officers who
detained father during child death investigation is affirmed. Although
detention was not supported by a reasonable suspicion of criminal activity
and thus was unreasonable, officer made a reasonable mistake, as officers
thought the detention would be fairly unintrusive and useful under the
circumstances. Officers had a reasonable belief that detention was not
too lengthy or intrusive. Officers thus are entitled to qualified immunity
as to the detention and the length thereof. The City is also not liable, as
the procedures adopted by the City do not violate federal law or direct its
employees to do so. The procedures are investigative techniques to be
used where appropriate and City did not fail to train officers in the proper
exercise of their discretion. Defendants are entitled to emergency
response immunity under state law for state law claims. John R. Gibson
dissents.