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.
192364P.pdf 12/16/2021 Larenzo Irvin v. Tyler Richardson
U.S. Court of Appeals Case No: 19-2364
and No: 19-2610
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Loken, Author, with Kelly and Erickson, Circuit Judges]
Civil case - Civil rights. In an action against police officers and the
City of Cedar Rapids arising out of an investigative stop of plaintiffs,
the district court did not err in determining the officers had reasonable
suspicion to stop and detain the men to determine whether they were
involved in an earlier unlawful firearm display during a public
disturbance at that location, and the officers were entitled to qualified
immunity on the claim concerning the investigative stop; under the
circumstances, the force used by the officers did not turn the lawful
Terry stop into an arrest; the detention was no longer than necessary for
the officers to pursue their investigation; the district court did not err
in granting the officers qualified immunity dismissing the Fourth
Amendment claims; the court's conclusion that plaintiffs were not arrested
defeats their claims under Section 1983 and Iowa state law that they were
falsely arrested without probable cause prior to the end of their Terry
stop detention; however, under Iowa law the district court erred in
granting defendants summary judgment on plaintiff Bates's claim concerning
his subsequent arrest for interference with official acts; similarly, the
court erred in granting defendants summary judgment on Bates's Section
1983 false arrest claim with respect to his post-Terry arrest; Bates's
Monell claims are also remanded for further proceedings. Judge Kelly,
concurring in part and dissenting in part.