Heib v. Lehrkamp

[¶ 44.] The majority opinion suffers from the same deficiencies as the circuit court’s memorandum opinion — a failure to view the facts and inferences in the light most favorable to Heib. These problems combine to produce two disconcerting results. First, a man who was falsely accused, arrested, and jailed has been denied his right to a jury trial. Second, it destroys our longstanding precedent involving summary judgment.

Standard of Review

[¶ 45.] Our standard of review on summary judgment was, prior to the majority’s decision, “well settled.” Thornton v. City of Rapid City, 2005 SD 15, ¶ 4,…