Zubrod v. Hoch, No. 17-1202 (8th Cir. 2018)Annotate this Case
Plaintiffs filed suit against defendants after plaintiff's son, Michael, was killed by cardiac arrhythmia after an altercation with officers in the setting of acute methamphetamine intoxication. When officers responded to a domestic disturbance call, they found Michael brutally attacking his girlfriend.
The Eighth Circuit affirmed the district court's grant of summary judgment for defendants, holding that unsworn statements from paramedics to law enforcement were properly excluded and the district properly disregarded them; Iowa's false statement statute did not implicitly swear a declarant making a statement to law enforcement; there was no genuine dispute of material fact that Michael posed a threat to the safety of the officers and the victim and no competent, admissible evidence rebutted the officers' version of the events; because there was no constitutional violation, the court need not consider whether the rights at issue were clearly established. The court also affirmed the district court's decision not to exercise jurisdiction over the state law claims.