153438P.pdf   11/21/2016  Jill S. N. Schaffer  v.  Bryan Beringer
   U.S. Court of Appeals Case No:  15-3438
   U.S. District Court for the District of South Dakota - Sioux Falls   
   [PUBLISHED] [Gruender, Author, with Beam and Shepherd, Circuit Judges] 
   Civil case - Civil rights. The defendant police officers had arguable 
   probable cause to place plaintiff Callissa under arrest for violating SDCL 
   Section 32-23-1, and the officers were entitled to qualified immunity on 
   her claim that they violated her Fourth Amendment right to be free from 
   unreasonable seizures; where officers have at least arguable probable 
   cause to perform an arrest, they cannot be held liable for performing a 
   search incident to that arrest; plaintiffs cannot show that defendant 
   Foley made any intentional or reckless omissions in the warrant 
   application; claim that defendants retaliated against plaintiff Jill for 
   engaging in speech protected by the First Amendment rejected as the minor 
   discrepancies in the officers' statements did not amount to perjury and 
   did not rise to the level of an adverse action that would chill a person 
   from engaging in protected activity; plaintiffs' "existence of a policy 
   and failure to train" claims against the defendant police chief rejected 
   as they failed to show the existence of a policy or failure to train and, 
   even if they did, they failed to show that such policy or failure to train 
   led to any violation of their rights.