Opinion

Seymour v. City of Des Moines

  • 519 F.3d 790
  • 2008 U.S. App. LEXIS 6138
  • 2008 WL 763014
Court
Court of Appeals for the Eighth Circuit
Filed
Mar 25, 2008
Status
Published
Author
Gibson
On the bench
Wollman, Bright, Gibson
Cited by
41 cases

holding that detaining father without reasonable suspicion for 45 minutes and preventing him from going to hospital where his unresponsive child was hospitalized violated the father’s right to be free from unreasonable seizures

How later courts described this case

  • holding that detaining father without reasonable suspicion for 45 minutes and preventing him from going to hospital where his unresponsive child was hospitalized violated the father’s right to be free from unreasonable seizures
  • finding seizure commenced “upon [plaintiff] being told that he was not free to leave”
  • discussing two circumstances warranting municipality liability under Monell v. Dep’t of Social Servs., 436 U.S. 658 (1978)
  • in assessing whether an officer is entitled to qualified immunity, the officers’ actions “are not to be viewed through the lens of judicial hindsight”

Written by the judges who cited it.

The opinion

JOHN R. GIBSON, Circuit Judge,

dissenting in part.

I respectfully dissent.

While I agree with much of what the court says today, I cannot agree that the officers were entitled to qualified immunity with respect to the detention order, as I conclude that under the circumstances the officers made an unreasonable mistake regarding the legality of their actions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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