Legal Opinion

John Robert McGee v. Jonathon E. Broz

Court of Appeals for the Eighth Circuit

Decided May 25, 2001No. 00-2874WMPublishedCited by 11 opinions

1Opinion of the Court

RICHARD S. ARNOLD, Circuit Judge.

John Robert McGee filed suit against Jonathon E. Broz pursuant to 42 U.S.C. § 1983 alleging a violation of Mr. McGee’s constitutional rights under the Fourth Amendment. The District Court 2 held that Mr. Broz was entitled to qualified immunity and granted his motion for summary judgment. Mr. McGee appeals, and we affirm. We hold that Mr. Broz, a Missouri prosecuting attorney, was in possession of facts sufficient to justify an objectively reasonable official in believing that Mr. McGee had committed a crime, even though this belief turned out to be wrong.

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2Cases cited5 opinions

  1. Malley v. BriggsSupreme Court of the United States · 1986
  2. Essalene Lambert v. City of DumasCourt of Appeals for the Eighth Circuit · 1999
  3. State Ex Rel. A. M. T. v. WeinsteinMissouri Court of Appeals · 1967
  4. Roy George, Shirley George and Sherrod Fitts v. City of St. Louis, Robert Scheetz, Albert Upchurch and Brian GilmoreCourt of Appeals for the Eighth Circuit · 1994
  5. Wallace, Saunders, Austin, Brown & Enochs v. RahmMissouri Court of Appeals · 1998

3Cited by11 opinions

  1. Youngbear v. ThalackerDistrict Court, N.D. Iowa · 2001
  2. Stephen C. Jenkins v. Klt, Inc. Klt Gas, Inc.Court of Appeals for the Eighth Circuit · 2002
  3. Pruett v. Krause Gentle Corp.District Court, S.D. Iowa · 2002
  4. Roycroft v. HammonsDistrict Court, S.D. Iowa · 2002
  5. Chavez v. City of OsceolaDistrict Court, S.D. Iowa · 2004

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