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121933P.pdf   02/19/2013  Clint Small  v.  James McCrystal
   U.S. Court of Appeals Case No:  12-1933
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Benton, Author, with Murphy and Shepherd, Circuit Judges]
Civil case - civil rights. District court did not err in denying defendants' motions for summary judgment based on qualified immunity on plaintiff Small's claims arising out of his arrest as the defendant police officer could not reasonably belief that he had probable cause to arrest Small or that the force he used was objectively reasonable; nor were the defendant deputies entitled to summary judgment based on qualified immunity for the arrest of the remaining"warrant plaintiffs;" deputies were not entitled to qualified immunity on plaintiffs' claim of retaliatory inducement to prosecution; viewing the facts most favorably to plaintiffs, the deputies arrested the warrant plaintiffs without probable cause in retaliation for protected speech, conspired to fabricate reports and took overt steps to further the conspiracy; defendants' appeal of the court's order on state law claims is dismissed for lack of jurisdiction.