193232P.pdf   04/07/2021  Oakley Engesser  v.  Edward Fox
   U.S. Court of Appeals Case No:  19-3232
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Stras, Author, with Colloton and Grasz, Circuit Judges] 
   Civil case - Civil rights.In action alleging defendants had violated 
   plaintiff's civil rights by recklessly investigating a fatal one-car 
   accident and prosecuting him as the driver, there was no evidence to show 
   defendant Trooper Fox recklessly or purposefully ignored two eyewitnesses 
   which indicated the passenger in the vehicle may have been driving as the 
   statements did not fit with the evidence at the scene of the crime and any 
   failure to undertake further questioning or investigation was at most 
   negligence and did not shock the conscience; defendant officers' decision 
   to leave the car at an impound lot did not rise to the level of reckless 
   or purposeful misconduct and their actions did not demonstrate that the 
   officers recklessly or purposefully destroyed evidence; because plaintiff 
   cannot establish a constitutional violation on the part of the officers, 
   his claim for supervisory liability fails, as does his conspiracy claim. 
   Judge Colloton, concurring in part and concurring in the judgment.