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103600P.pdf 04/30/2012 Terry Harrington v. City of Council Bluffs
U.S. Court of Appeals Case No: 10-3600
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Chief Judge Riley, Author, with Colloton and
Gruender, Circuit Judges]
Civil Case - civil rights. In this interlocutory appeal from denial of
summary judgment based on qualified immunity, court need not
determine whether Fourth Amendment right against malicious
prosecution exists because such a right was not clearly established when
appellees were prosecuted in 1977 and 1978. Thus officers are entitled to
qualified immunity on any Fourth Amendment malicious prosecution or
prosecution without probable cause claims. Judge Colloton dissents.