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.
092016P.pdf 10/18/2010 Michael Dodd v. Steven Jones
U.S. Court of Appeals Case No: 09-2016
U.S. District Court for the Western District of Missouri - Joplin
[PUBLISHED] [Colloton, Author, with Bye and Gruender, Circuit Judges]
Civil case - civil rights. Absence of a clearly established duty to protect
the victim of an accident from injury by a third party when the accident
victim is not in custody supports the district court's decision to grant the
police officers summary judgment based on qualified immunity; even
assuming a constitutional duty of care arose, the officers' conduct at the
accident scene was not so outrageous that it shocks the contemporary
conscience; officer did not violate plaintiff's rights when he took a blood
sample after arresting plaintiff for driving while intoxicated; Health
Insurance Portability and Accountability Act does not create a private
right of action for violation of privacy; claim against state trooper in his
official capacity was a claim against the state, and the district court
properly dismissed the claim under the doctrine of sovereign immunity;
in the absence of a constitutional violation by the county officer, the
claim for municipal liability against the county must fail.