M.A.B. v. Mason, No. 19-2233 (8th Cir. 2020)
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Plaintiff filed suit against a police officer under 42 U.S.C. 1983, alleging a claim for unreasonable search in violation of the Fourth and Fourteenth Amendments. The district court granted the officer qualified and official immunity.
Reviewing de novo, the Eighth Circuit held that it lacked jurisdiction to review the appeal based on the incomplete record. Accordingly, the court dismissed the appeal and remanded to the district court for further proceedings.
Court Description: [Per Curiam - Before Kelly, Melloy, and Kobes, Circuit Judges] Civil case - Civil rights. The defendant police officer appeals the district court's denial of her motion for summary judgment based on qualified immunity on plaintiff's suit for an unreasonable search in violation of her Fourth Amendment rights; given the incomplete record, the court cannot review whether the incomplete record the parties submitted sets forth a genuine issue of fact for trial; as a result, the court lacks jurisdiction over the appeal, and the matter is dismissed.
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