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.