Borgman v. Kedley, et al., No. 10-3272 (8th Cir. 2011)
Annotate this CasePlaintiff sued the Wild Rose Casino and an agent of the Iowa Division of Criminal Investigation alleging violations of her constitutional rights under 42 U.S.C. 1983, as well as state law claims for false arrest and imprisonment where plaintiff was arrested for trespass when she entered the casino after having signed two voluntary exclusion forms at the casino's predecessor establishment. Charges against plaintiff were subsequently dropped. Plaintiff appealed the district court's grant of summary judgment to the agent and the casino. The court held that the district court did not err in finding that the agent was entitled to qualified immunity where he had an objectively reasonable belief that plaintiff was trespassing. The court also held that the release contained in the 2005 form that plaintiff signed was valid and enforceable and therefore, absolved the casino of any liability from plaintiff's constitutional and state law claims. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Civil rights. The district court did not err in finding that a reasonable officer could have believed that plaintiff was barred from entering the casino, and the officer was entitled to qualified immunity on plaintiff's claim that her arrest for trespass violated her civil rights; the release contained in the 2005 form plaintiff signed, which voluntarily banned her from the casino, was valid and enforceable, and it absolved the casino of any liability on plaintiff's constitutional and state law claims.
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