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.
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.