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.
132111P.pdf 04/10/2014 Tamela Montgomery v. City of Ames
U.S. Court of Appeals Case No: 13-2111
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Colloton, Author, with Riley, Chief Judge, and Kelly, Circuit
Judge]
Civil case - Civil rights. In action alleging the City and its police
officers violated plaintiff's constitutional right to bodily integrity by
creating a danger that a man under a restraining order would attack her
and by acting with deliberate indifference to that danger both before and
after he shot her in her home, plaintiff failed to show that the City and
its police officers engaged in conduct that shocks the conscience, and she
failed to state a claim for a due process clause violation; the evidence
does not support a finding that the officers were deliberately indifferent
to plaintiff's injuries; since plaintiff cannot establish a constitutional
violation by any of the individual city defendants, the court properly
granted summary judgment to the City on plaintiff's Section 1983 claims;
the State defendants did not move for summary judgment, and the district
court erred in granting a summary judgment which included them.