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212419P.pdf   05/10/2022  Crysteal Davis  v.  Trevor Spear
   U.S. Court of Appeals Case No:  21-2419
   U.S. District Court for the Southern District of Iowa - Central   
[PUBLISHED] [Benton, Author, with Shepherd and Stras, Circuit Judges] Civil case - Civil rights. In the aftermath of a stabbing where police were able to arrest the person responsible, they took three of the victim's family members to the police station for questioning and refused to allow them to go to the hospital where the victim was dying; plaintiffs brought this action for unreasonable seizure and false arrest. Held: the district court properly denied the defendants' motion for summary judgment based on qualified immunity; the seizures were unsupported by probable cause and were not reasonable; the constitutional right to be free from seizure absent probable cause was clearly established, including in cases involving this police department; defendants were not entitled to "all-due-care immunity" under Iowa law on the state law claims; the district court order granting plaintiffs partial summary judgment on their common-law false arrest or false imprisonment claim is affirmed, as that claim is necessarily decided by the resolution of the qualified immunity claim. Judge Stras, concurring.