Goings v. Chickasaw County, Ia
Decision Date | 06 December 2007 |
Docket Number | No. 06-CV-2063-LLR.,06-CV-2063-LLR. |
Parties | David GOINGS, LeWine Boucher-Goings and Juanita Goings, Plaintiffs, v. CHICKASAW COUNTY, IOWA; Martin Larsen, Individually and in His Official Capacity; and Todd Miller, Individually and in His Official Capacity, Defendants. |
Court | U.S. District Court — Northern District of Iowa |
Judith M O'Donohoe, Elwood O'Donohoe O'Connor & Stochl, Charles City, IA, for Plaintiffs.
Carlton G. Salmons, Gaudineer, Comito & George, LLP, West Des Moines, IA, for Defendants.
I. INTRODUCTION
The matter before the court is the Motion for Summary Judgment ("Motion") (docket no. 24), which was filed by Defendants Chickasaw County, Iowa; Martin Larsen; and Todd Miller.
H. RELEVANT PRIOR PROCEEDINGS
On September 8, 2006, Plaintiffs David Goings, Lewine Boucher-Goings and Juanita Goings filed a four-count Complaint against Defendants.1 Plaintiffs allege one violation of federal law and three state-law torts.
In Count I, Plaintiffs allege that Defendants violated 42 U.S.C. § 1983 when they infringed upon Plaintiffs' federal constitutional rights against unreasonable searches and seizures.2 Count I has four parts.3 First, Plaintiffs allege that Defendants "conducted a search through the pretext of investigating a false child abuse complaint, which they knew to be false, without a warrant and without probable cause, contrary to the Fourth and Fourteenth Amendment [sic] of the United States Constitution" ("Unreasonable Search Claim"). Complaint (docket no. 1), at ¶ 19(a). Second, Plaintiffs allege that Defendants "seized and kept items of personal property during the search, contrary to the Fourth and the Fourteenth Amendment [sic] of the United States Constitution" ("Unreasonable Seizure of Property Claim"). Id. at ¶ 19(b). Third, David Goings alleges that Defendants "arrest[ed] him without probably [sic] to the Fourth and Fourteen [sic] Amendment to the United States Constitution" ("Unreasonable Seizure of Person Claim"). Id. at ¶ 20. Fourth, David Goings alleges that Defendants "us[ed] excessive force against [him] in the course of his arrest, causing physical injury" ("Excessive Force Claim"). Id. at ¶ 21.
In Count II, Plaintiffs allege defamation against Defendants under the Iowa common law. Plaintiffs allege that Defendants "knowingly started and spread false rumors about the Plaintiffs being involved in drug manufacture in their residence," id. at ¶ 28, and "knowingly communicated these defamatory statements to the [sic] members of the law enforcement agencies, including other Chickasaw County deputies, an officer of the Nashua City Police[,] a State Agent and the Department of Human Services, as well as members of the general public," id. at ¶ 29. Plaintiffs allege that Defendants' actions "were either intentional or done with reckless indifference to the rights of Plaintiffs ." Id at ¶ 30.
In Count III, David Goings alleges false arrest against Defendants under the Iowa common law. David Goings claims that Defendants "detained or restrained [him] against his will," id. at ¶ 35, and such "detention or restraint amounted to a false arrest, since it was an unlawful restraint of [his] personal liberty of freedom of movement," id. at ¶ 36.
In Count IV, David Goings alleges malicious prosecution against Defendants under the Iowa common law. David Goings claims he was "prosecuted in a criminal proceeding in Chickasaw County District Court," id. at ¶ 42, Defendants caused the prosecution and "[t]he prosecution ended favorably for [David Goings]," id. at ¶ 44. David Goings alleges that Defendants initiated the prosecution without probable cause and with malice.
On December 22, 2006, Defendants filed an Answer, in which they denied the substance of the Complaint. On June 22, 2007, Defendants filed an Amended Answer.
On July 2, 2007, Defendants filed the Motion. On August 23, 2007, Plaintiffs filed a Resistance.4 On August 30, 2007, Defendants filed a Reply.
On December 6, 2007, the court held a hearing on the Motion. Attorney Judith M. O'Donohoe represented Plaintiffs. Attorney Carlton G. Salmons represented Defendants. The matter is fully submitted and ready for decision.
III. JURISDICTION
The court has federal question jurisdiction over Count I and supplementary jurisdiction over Counts II, III and IV. The court has federal question jurisdiction over Count I, because Plaintiffs contend that Defendants violated 42 U.S.C. § 1983. See 28 U.S.C. § 1331 (). The court has supplementary jurisdiction over Counts II, III and IV, because these claims are so related to Count I that they form part of the same case or controversy. See id. § 1367(a) (). But see id. § 1367(c) ( ).
IV. LEGAL STANDARD FOR SUMMARY JUDGMENT
Summary judgment is appropriate if the record shows that "there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). "An issue of fact is genuine when a reasonable jury could return a verdict for the nonmoving party' on the question." Woods v. DaimlerChrysler Corp., 409 F.3d 984, 990 (8th Cir.2005) (quoting Anderson v. Liberty Lobby, Inc., 477...
To continue reading
Request your trial-
Hunter v. S.D. Dept. of Soc. Servs.
...is at least a genuine issue of material fact on whether Hunter's consent was obtained through coercion. See Goings v. Chickasaw Cty., 523 F.Supp.2d 892, 912 (N.D. Iowa 2007) (stating that ordinarily, testimony that a person's children will be taken away if they do not consent to a search wi......
-
Purchase v. Sturgis Police Dep't
...marks and citations omitted); Anderson v. Franklin Cnty., Mo., 192 F.3d 1125, 1131 (8th Cir. 1999); Goings v. Chickasaw Cnty., IA, 523 F. Supp. 2d 892, 914-15 (N.D. Iowa 2007). In Mr. Purchase's case, he does not dispute his convictions for resisting arrest and disorderly conduct were never......
-
Hood v. Upah
...Generally, the Heck doctrine does not bar claims for excessive force arising under 42 U.S.C. § 1983. See Goings v. Chickasaw Cnty., Iowa, 523 F. Supp. 2d 892, 915 (N.D. Iowa 2007) ("It is settled that an excessive force claim cannot fall within Heck's purview.").The determination of whether......