Scott v. Tempelmeyer, No. 16-2404 (8th Cir. 2017)
Annotate this CasePlaintiff filed suit against the City and others, including City Attorney Tobias Tempelmeyer, claiming violations of his First and Fourth Amendment rights. Plaintiff claimed that the inspection and condemnation of a motel he was the lessor and operator of were conducted in retaliation for his disputing whether a certain tax was applicable to his business, in violation of the First Amendment. The Eighth Circuit reversed the district court's order denying in part Tempelmeyer's motion for summary judgment based on qualified immunity, holding that plaintiff's First Amendment right to be free from retaliatory regulatory enforcement that was otherwise supported by probable cause was not clearly established.
Court Description: Colloton, Author, with Beam and Gruender, Circuit Judges] Civil case - Civil rights. In action alleging defendants violated plaintiff's First and Fourth Amendment rights by engaging in an inspection and condemnation of his motel in retaliation for his disputing whether a city lodging tax applied to his motel, the district court erred in denying the city attorney's motion for summary judgment based on qualified immunity with respect to plaintiff's First Amendment retaliation claim; plaintiff did not have a clearly established right to be free from regulatory enforcement that is otherwise supported by probable cause.
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