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191173P.pdf   01/28/2021  Sonia Kuessner  v.  Justin Wooten
   U.S. Court of Appeals Case No:  19-1173
   U.S. District Court for the Eastern District of Missouri - Cape Girardeau   
[PUBLISHED] [Benton, Author, with Smith, Chief Judge, and Kobes, Circuit Judge] Civil case - Civil rights. There is no Eighth Circuit precedent or controlling authority as to whether an officer has probable cause to make a DWI arrest under the circumstances presented, and the court looks for a robust consensus of cases to answer the question; a survey of Missouri cases demonstrates that even if the defendant officer acted without probable cause in arresting plaintiff, existing law did not give him fair warning that his conduct was unconstitutional, and he was properly granted summary judgment; no error in denying plaintiff's Rule 56(e)(1) and 59(e) motions.