Harrington, et al. v. Wilber, et al., No. 10-3600 (8th Cir. 2012)
Annotate this CasePlaintiffs sued various defendants, including police officers Larsen and Brown, under 42 U.S.C. 1983 and 1985, as well as state law, claiming that defendants violated their rights under the Iowa state investigation and prosecution of defendants for murder. The officers moved for summary judgment, asserting that they were entitled to qualified immunity on plaintiffs' claims that they could be defeated if the officers had probable cause to arrest plaintiffs. The officers subsequently appealed the district court's denial of their motion. Assuming a Fourth Amendment right against malicious prosecution existed, such a right was not clearly established when plaintiffs were prosecuted in 1977 and 1978. Given this precedent, reasonable officers, in the officers' position here, could not have known in 1977 or 1978 that malicious prosecution violated plaintiffs' Fourth Amendment rights. Therefore, the court held that the officers were entitled to qualified immunity on any Fourth Amendment malicious prosecution or prosecution without probable cause claims. The district court erred in denying the officers' motion for summary judgment. Accordingly, the court reversed and remanded for further proceedings on plaintiffs' remaining claims.
Court Description: Civil Case - civil rights. In this interlocutory appeal from denial of summary judgment based on qualified immunity, court need not determine whether Fourth Amendment right against malicious prosecution exists because such a right was not clearly established when appellees were prosecuted in 1977 and 1978. Thus officers are entitled to qualified immunity on any Fourth Amendment malicious prosecution or prosecution without probable cause claims. Judge Colloton dissents.
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