# Seymour v. City of Des Moines

> Court of Appeals for the Eighth Circuit · March 25, 2008 · 519 F.3d 790

URL: https://www.frixlaw.com/law-library/cases/9557925

## Case

- **Full name:** Kenneth SEYMOUR, Rachel Seymour, Appellants, v. CITY OF DES MOINES, Brian Danner, Barry Arnold, Appellees
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** March 25, 2008
- **Citations:** 519 F.3d 790; 2008 U.S. App. LEXIS 6138; 2008 WL 763014
- **Precedential status:** Published
- **Opinion:** Dissent by Gibson
- **Judges:** Wollman, Bright, Gibson
- **Cited by:** 41 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9557925

## How later opinions describe it (automated extraction)

- 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)

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9557925. Public record. Not legal advice.