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.
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.