Legal Opinion
Kathy Fischer v. Josh Hoven
Court of Appeals for the Eighth Circuit
Decided June 3, 2019No. 18-2061PublishedCited by 6 opinions
1Opinion of the Court
BENTON, Circuit Judge.
*987 Kathy Fischer sued Deputy Joshua J. Hoven, Sheriff Barry Hillestad, and Day County under 42 U.S.C. § 1983 . The district court 1 granted qualified immunity to Hoven, and summary judgment to Hillestad and the County. Fischer v. Hoven , 2018 WL 2012908 (D.S.D. Apr. 30, 2018). Having jurisdiction under 28 U.S.C. § 1291 , this court affirms.
I
After sharing almost three bottles of wine, Fischer and her friend, Susan Clynick, went to the Andover Bar. Both were intoxicated. The bar owner had previously told Clynick she was not allowed in the bar. When they arrived, the owner…
2Cases cited15 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Ashcroft v. al-KiddSupreme Court of the United States · 2011
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3Cited by6 opinions
- Derek Laney v. City of St. Louis, MissouriCourt of Appeals for the Eighth Circuit · 2023
- Randy McDaniel v. Markeith NealCourt of Appeals for the Eighth Circuit · 2022
- Craig Spring v. Trooper Ryan Waters, et al.District Court, E.D. Pennsylvania · 2025
- Dominic Alan Ste. Marie v. Brett Musich and Shawn Griego, individually and in their official capacities as police officers for the City of MoorheadDistrict Court, D. Minnesota · 2026
- Eric Wayne Poemoceah v. Benjamin V. Swenson, in his individual capacityDistrict Court, D. North Dakota · 2026
1 more not listed; retrieve them via the Exa API.