Greenman v. Jessen, No. 14-1931 (8th Cir. 2015)
Annotate this CaseMedina police officers arrested Greenman on three separate occasions for, among other things, operating his Segway while under the influence of alcohol (DWI) in violation of Minnesota Statutes Chapter 169A. Greenman filed suit under 42 U.S.C. 1983, asserting that the officers and city prosecutor violated his Fourth Amendment right to be free from unreasonable search and seizure, his due-process rights, and his First Amendment rights to free speech and to petition the government for redress of grievances. He further alleged that the city was liable for not properly training and supervising its police officers. He also filed several state-law claims. The district court dismissed all the federal claims, on the basis that the police officers and city prosecutor were entitled to qualified immunity, and declined to exercise supplemental jurisdiction over Greenman’s state-law claims. The Eighth Circuit concluded that a request for declaratory relief is moot because there is no longer an actual case or controversy.. The Minnesota Court of Appeals has concluded that operating a Segway while intoxicated does not violate Minnesota’s DWI statute. Following that decision, the Hennepin County Attorney’s Office dismissed the pending DWI charges against Greenman.
Court Description: Kelly, Author, with Bright and Loken, Circuit Judges] Civil case - Civil rights. There was probable cause to arrest plaintiff and prosecute him for operating his Segway in violation of Minnesota traffic laws other than driving while intoxicated, and the officers and prosecutor were entitled to qualified immunity; due process and First Amendment claims rejected based on the court's probable cause analysis; plaintiff's claims for injunctive and declaratory relief were all moot in light of the fact that the county had dismissed the only pending DWI charge against him.
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