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.
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.