964 F.3d 690
8th Cir.2020Background
- In 2013 Cynthia (ex-wife of Kiman’s brother) and Lisa met with Deputy Berry and Sheriff DeLay alleging threats by Kiman and asking about arrest; deputies told them to follow court procedures.
- On July 5, 2013 Cynthia reported that Kiman tried to stab her; Deputy Ford took oral/written statements, found a yellow pocket knife on Kiman, and arrested him. Materials were forwarded to the prosecutor and assigned to Det. Berry for follow-up.
- Berry reviewed the reports, learned Marty Johnson called it a "family matter," arranged videotaped interviews of Cynthia’s children, and sent recordings to the prosecutor; Berry did not further personally investigate.
- A special prosecutor filed charges in Sept. 2015 (two-year delay), then dismissed them in Nov. 2016 after defense counsel produced impeachment evidence; Kiman’s criminal case ended in dismissal.
- Kiman sued under 42 U.S.C. § 1983 (false arrest, failure to investigate/substantive due process, conspiracy) against Deputies Ford and Berry, Sheriff DeLay, and Lawrence County (Monell). The district court granted summary judgment for defendants; Kiman appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| False arrest (Deputy Ford) — Fourth Amendment / qualified immunity | Ford lacked probable cause; Cynthia fabricated report; officers failed to investigate exculpatory witnesses | Ford had at least "arguable probable cause" based on Cynthia’s statements, pocket knife found on Kiman, and Johnson’s remark; qualified immunity applies | Ford had arguable probable cause; qualified immunity granted |
| False arrest (Sheriff DeLay & Deputy Berry) — personal liability | DeLay/Berry participated in earlier meeting and were pressured by Lisa/Cynthia; therefore they share liability for arrest | No evidence they knew of Cynthia’s later report or participated in the arrest; §1983 is personal — no personal involvement means no liability | No evidence of personal involvement; qualified immunity for DeLay and Berry |
| Substantive due process — failure to investigate | Officers intentionally/recklessly ignored exculpatory evidence, closed investigation quickly, and acted under systematic pressure | Investigative steps (reviewing reports, interviewing children via caseworker, forwarding recordings to prosecutor) were reasonable; mere negligence or incomplete investigation is not conscience-shocking | Conduct did not "shock the conscience"; qualified immunity on due process claim |
| §1983 conspiracy & Monell claim | Officers conspired with third parties to deprive Kiman of constitutional rights; County is liable for policies/customs | Conspiracy claim fails without an underlying constitutional deprivation; Monell requires a municipal constitutional violation caused by policy/custom | Conspiracy claim fails as no constitutional deprivation proved; Monell claim fails; summary judgment affirmed |
Key Cases Cited
- Lombardo v. City of St. Louis, 956 F.3d 1009 (8th Cir. 2020) (de novo review of qualified immunity on summary judgment)
- Ulrich v. Pope Cnty., 715 F.3d 1054 (8th Cir. 2013) (qualified immunity protects all but plainly incompetent or knowing violators)
- Borgman v. Kedley, 646 F.3d 518 (8th Cir. 2011) (arguable probable cause standard for warrantless arrests)
- Kuehl v. Burtis, 173 F.3d 646 (8th Cir. 1999) (officer must pursue minimal further investigation if it would have exonerated suspect)
- Gilmore v. City of Minneapolis, 837 F.3d 827 (8th Cir. 2016) (probable cause assessed at the time of arrest; later facts irrelevant)
- Joseph v. Allen, 712 F.3d 1222 (8th Cir. 2013) (corroborating evidence can supply arguable probable cause)
- Akins v. Epperly, 588 F.3d 1178 (8th Cir. 2009) (substantive due process claim requires intent or recklessness shocking the conscience)
- Folkerts v. City of Waverly, 707 F.3d 975 (8th Cir. 2013) (framework for conscience-shocking police investigation)
- Askew v. Millerd, 191 F.3d 953 (8th Cir. 1999) (elements of a § 1983 civil conspiracy claim)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability under § 1983 requires a policy or custom causing a constitutional tort)