083753P.pdf   12/18/2009  Brian Akins  v.  Robert Vaughan
   U.S. Court of Appeals Case No:  08-3753
   U.S. District Court for the Western District of Missouri - Joplin   
   [PUBLISHED] [Wollman, Author, with Loken, Chief Judge, and Shepherd,
   Circuit Judge]
   Civil case - civil rights. The district court erred in denying defendants'
   motion for summary judgment based on qualified immunity on plaintiff's
   claim they violated his right to substantive due process and his Fourth
   Amendment rights to be free from unreasonable arrest, detention and
   prosecution without probable cause by failing to properly investigate his
   shooting by county deputies; plaintiff's evidence failed to show that
   defendants were guilty of anything more than mere negligence and was
   insufficient to establish a claim of conscience-shocking conduct;
   defendants' conduct had no effect on the decision to arrest or hold
   plaintiff as the initial probable cause determination was made before
   either of them arrived at the scene of the incident, and plaintiff failed
   to state a Fourth Amendment claim against them.