764 F.3d 810
8th Cir.2014Background
- Gibson was arrested Jan. 12, 2008 for violating a Full Order of Protection; officers relied on the order and statements from Ann; Gibson pleaded guilty to a misdemeanor violation and received prob;ation with no-contact condition.
- Gibson was arrested Apr. 9, 2008 for violating the order; Ann reported stalking and contact, officers arrested Gibson based on an active order.
- Gibson pleaded guilty to a felony charge based on the prior misdemeanor; public defender Rice representing him in plea negotiations.
- May 15, 2008 arrest occurred for violating the no-contact probation condition; Gibson admitted contacting Ann despite probation; warrant issued for probation violation.
- December 1, 2009, a judge ordered Gibson released after a motion to withdraw his May 2008 guilty plea; MDOC detainer and Louisiana detainer later affected release timing; Gibson remained in custody briefly.
- The district court granted summary judgment against Gibson on § 1983 claims; the court also addressed claims against the City and other officials, leading to affirmation of dismissal on multiple grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the Jan. 12 arrest supported by probable cause? | Gibson | Mitchell had probable cause based on active order and witness statements | Yes, probable cause supported arrest |
| Was the Apr. 9 arrest supported by probable cause? | Gibson | Benton and Cook had probable cause based on active order | Yes, probable cause supported arrest |
| Does Rice's participation constitute a §1983 conspiracy by a private actor? | Gibson | Rice did not conspire with prosecutors; no mutual understanding | No conspiracy; claim dismissed |
| Was there a due-process violation in the December 1, 2009 custody after release order? | Gibson | MDOC and local officials acted within authority; no deliberate indifference | No deliberate indifference; proper deferral to MDOC; release timing reasonable |
Key Cases Cited
- Fisher v. Wal-Mart Stores, Inc., 619 F.3d 811 (8th Cir. 2010) (standard of review for summary judgment; probable cause analysis)
- Amrine v. Brooks, 522 F.3d 823 (8th Cir. 2008) (no duty to conduct mini-trial before arrest absent exigent circumstances)
- Kuehl v. Burtis, 173 F.3d 646 (8th Cir. 1999) (no duty to investigate beyond probable cause; domestic violence context)
- Borgman v. Kedley, 646 F.3d 518 (8th Cir. 2011) (entry of premises and continued enforcement of order despite separation decree missing parts of order)
- Clayborn v. Struebing, 734 F.3d 807 (8th Cir. 2013) (probable cause established; no need for further investigation)