DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
121083P.pdf 02/25/2013 Melvin Folkerts v. City of Waverly
U.S. Court of Appeals Case No: 12-1083
U.S. District Court for the Northern District of Iowa, Waterloo
[PUBLISHED] [Benton, Author, with Loken and Smith, Circuit Judges]
Civil case - Civil rights. Even if defendant police officer violated
plaintiffs' mentally-impaired son's fundamental rights during the
investigation of an allegation that the son had engaged in criminal
behavior, the officer was entitled to summary judgment because the
violation does not shock the conscience as the record showed the officer
altered his questioning style, more fully explained the son's Miranda
rights, interviewed him in a less-intimidating setting and called the
plaintiffs and invited them to the station for the questioning; nor did the
adequacy of the investigation shock the conscience; plaintiffs failed to
show the investigation was retaliatory; decision to charge the son did not
shock the conscience; where the individual officer's actions did not
support a Section 1983 action, there can be no city liability for failure to
train; with respect to plaintiffs' ADA claims, no reasonable jury could
conclude that defendants failed to make reasonable accommodations for
the son's disability.