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.
153264P.pdf 02/07/2017 Kyle Soltesz v. Rushmore Plaza Civic Center
U.S. Court of Appeals Case No: 15-3264
U.S. District Court for the District of South Dakota - Rapid City
[PUBLISHED] [Shepherd, Author, with Murphy and Gruender, Circuit Judges]
Civil case - Civil rights. In suit alleging municipal liability premised
on the decision of a final policymaker, the district court failed to
identify the final policymaker as a matter of state law and local city
ordinances as required by Supreme Court case law, and the matter is
remanded to the district court for a new trial; no legally sufficient
evidentiary basis exists to impose liability on a municipality for the
decisions of a final policymaker when the district court fails to identify
the policymaker as a matter of law before the claims reach the jury.