Nader v. City of Papillion, No. 18-1402 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed the district court's grant of summary judgment against plaintiff in a 42 U.S.C. 1983 action alleging that he was unlawfully arrested in violation of his Fourth Amendment rights. The court held that law enforcement had probable cause to arrest plaintiff where the totality of the circumstances at the time of the arrest were sufficient for the detective to believe that plaintiff had committed or was committing the offense of possessing child pornography. Therefore, the law enforcement agents were entitled to qualified immunity. Finally, because there was no constitutional violation, no municipal liability attached to the county and the city.
Court Description: Melloy, Author, with Loken and Erickson, Circuit Judges] Civil Case - civil rights. On appeal from grant of qualified immunity to officers on claim of unlawful arrest in violation of the Fourth Amendment, under the totality of circumstances at the time of the arrest, there was sufficient cause to believe that Nader had committed or was committing the offense and thus there was probable cause to arrest Nader and no violation of the Fourth Amendment. Because there was no constitutional violation by the municipal employees there is no municipal liability against the county and city.
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