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212763P.pdf   09/21/2022  Jared Clinton  v.  Ryan Garrett
   U.S. Court of Appeals Case No:  21-2763
   U.S. District Court for the Southern District of Iowa - Central   
[PUBLISHED] [Smith, Author, with Benton and Kelly, Circuit Judges] Civil case - Civil rights. Defendant police officers appeal the denial of their motion for summary judgment based on qualified immunity in this action alleging they violated plaintiff's Fourth Amendment rights and his rights under the Iowa constitution and by conspiring to violate his rights; the court does not have jurisdiction over the district court's denial of the defendants' motion for summary judgment on plaintiff's state law claims as the Iowa Supreme Court has not addressed the issue of whether an interlocutory appeal is available to review such a ruling; on the facts presented, defendants did not have a reasonable and articulable suspicion that plaintiff was violating the law by driving an unregistered vehicle or a vehicle with a falsified temporary tag; the right to be from from a stop under these circumstances was clearly established, and the district court did not err in denying the motion for summary judgment based on qualified immunity.