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.
193300P.pdf 08/21/2020 Brad Wendt v. State of Iowa
U.S. Court of Appeals Case No: 19-3300
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Benton, Author, with Colloton and Wollman, Circuit Judges]
Civil case - Civil rights. The service or verification of a citation is
not a seizure for Fourth Amendment purposes and the count of plaintiff's
complaint alleging the issuance and verification violated their Fourth
Amendment rights was properly dismissed for failure to state a claim; the
district court did not err in considering summary judgment for plaintiff's
unreasonable search claims under the Iowa Constitution; the district court
did not err in granting defendants summary judgment on plaintiffs' claim
the warrants for their Facebook records were overbroad; further, the
district court did not err in finding defendants were entitled to
qualified immunity on plaintiffs' claim that the warrant applications were
not supported by probable cause; the district court did not err in
granting defendants summary judgment on plaintiff's allegations concerning
the placement of a GPS tracker as the record did not support the claim
that a tracking device had been placed on plaintiff Wendt's truck; there
was no evidence the officers intentionally or recklessly failed to
investigate the case such that their conduct would shock the conscience
and violate plaintiffs' due process rights.