[PUBLISHED] [Arnold, Author, with Loken and Kobes, Circuit Judges] Civil case - Civil rights. Police department guidelines and policies concerning use of a PIT maneuver did not create rights that give rise to a Section 1983 action, and an officer's knowing violation of the guidelines and policies does not transform his actions into unconstitutional behavior; moreover, the Supreme Court has already deemed materially identical behavior constitutional - see Scott v. Harris, 550 U.S. 372, 374-75 (2007); the district court did not err in finding plaintiff had not plausibly pleaded that defendant used excessive force or violated plaintiff's substantive-due-process rights; in the absence of a constitutional violation, plaintiff's claims against the officer's supervisor in his official capacity and against the city necessarily fail as well.
File:
Date:
Monday, October 31, 2022
Case Number:
21-3885
District Court:
U.S. District Court for the Northern District of Iowa - Western