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.
172434P.pdf 09/10/2018 Gerald Johnson v. Mike Moody
U.S. Court of Appeals Case No: 17-2434
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Loken, Author, with Gruender and Erickson, Circuit Judges]
Civil case - Civil rights. The district court did not abuse its discretion
in denying plaintiffs' Rule 56(d) motion for additional discovery time
when defendants sought summary judgment based on a claim of qualified
immunity; the Supreme Court has repeatedly emphasized that qualified
immunity claims should be resolved at the earliest possible stage of the
litigation; the individual defendant police officers were entitled to
qualified immunity on plaintiffs' claims that their conduct in
investigating a claim of sexual assault, as the evidence that they ignored
inconsistencies in the evidence, failed to investigate leads and did not
question the victim's credibility was insufficient to establish that they
investigated the case in a reckless, conscience-shocking manner; as the
individual officers were entitled to qualified immunity, the court
properly dismissed a count for supervisor liability against the police
chief and the city; dismissal of other counts for malicious prosecution,
negligent hiring and supervision and loss of consortium affirmed;
plaintiffs made no showing that any of the sought-after-facts were
essential to resisting the defendants' motion for summary judgment or that
the evidence existed, and the district court did not abuse its discretion
by denying the Rule 56(d) request to defer its ruling on the motion for
summary judgment until additional discovery was completed.