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.
201674P.pdf 04/26/2021 Levi Wilson v. Scott Lamp
U.S. Court of Appeals Case No: 20-1674
U.S. District Court for the Northern District of Iowa - Western
[PUBLISHED] [Benton, Author, with Gruender and Grasz, Circuit Judges]
Civil case - Civil rights. For the court's prior opinion in the case, see
Wilson v. Lamp, 901 F.3d 981 (8th Cir. 2016). On remand, a jury found for
plaintiffs on their federal excessive force claim and the district court
granted defendants summary judgment on plaintiffs' state law claims for
invasion of privacy and Iowa illegal search and seizure; Plaintiffs
appeal. Held: in the prior case, this court granted defendants summary
judgment on the corresponding Fourth Amendment claims and as Iowa and
federal law do not materially differ, the district court properly
dismissed the state-law based claims for unreasonable search and seizure
under the law of the case doctrine; the district court also properly
granted defendants summary judgment on plaintiffs' state law
invasion-of-privacy claim as the officers' conduct in the case was not a
highly offensive intrusion on the private affairs or concerns of
plaintiffs and the stop of plaintiffs' vehicle was otherwise lawful; jury
instructions on elements of Fourth Amendment and Iowa Constitution
excessive force claims were consistent with this court's directions on
remand; since Iowa's standard for excessive force does not materially
differ from the federal standard, the court did not need to give the jury
a separate instruction on Iowa law.