Legal Opinion
Kenneth Harold Swipies v. Frank Kofka
Court of Appeals for the Eighth Circuit
Decided November 3, 2003No. 03-1274PublishedCited by 18 opinions
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
Woodbury County Deputy Sheriff Frank Kofka appeals the district court’s 1 denial of his motion for summary judgment asserting qualified immunity in Kenneth Swi-pies’s civil rights action. We affirm.
In July 2000, Mr. Swipies was having a two-week court ordered visitation with his twelve-year-old daughter, Kendra. Deputy Kofka drove past James Stark’s residence and observed Kendra, Mr. Swipies’s wife Tina, and Mr. Stark sitting on the front porch. Deputy Kofka became concerned for Kendra’s safety because he knew that Mr. Stark was then charged with sexually…
Also in this document: Dissent.
2Cases cited4 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Behrens v. PelletierSupreme Court of the United States · 1996
- Greg Myers, Etc. v. R. Kathleen Morris, Scott County Attorney, Etc.Court of Appeals for the Eighth Circuit · 1987
- Lois M. Gregoire, Special Administrator of the Estate of George Raymond Bouska Wendy Bouska, Guardian Ad Litem for Jusenda Bouska, Serren Bouska and Shea Bouska v. Joseph Class, in His Official Capacity as Warden of the South Dakota State Penitentiary Douglas Weber, in His Official Capacity as Warden of the South Dakota State Penitentiary and in His Individual Capacity as Former Associate Warden of the South Dakota State Penitentiary Dean Hinders, in His Individual Capacity as Former Associate Warden of the South Dakota State Penitentiary Steven Lee, in His Official Capacity and in His Individual Capacity as Deputy Warden of the South Dakota State Penitentiary Butch Joffer, in His Individual Capacity as a Former Employee of the State of South Dakota, Owen Spurrell, in His Official Capacity as Associate Warden of the South Dakota State Penitentiary Jane and John Doe, in Their Individual and Official Capacities as Employees of the State of South DakotaCourt of Appeals for the Eighth Circuit · 2000
3Cited by18 opinions
- Kenneth Harold Swipies v. Frank KofkaCourt of Appeals for the Eighth Circuit · 2005
- Hal Stanley v. Katherine FinneganCourt of Appeals for the Eighth Circuit · 2018
- Abdouch v. BurgerCourt of Appeals for the Eighth Circuit · 2005
- Heartland Academy Community Church v. WaddleCourt of Appeals for the Eighth Circuit · 2005
- Hal Stanley v. Asa HutchinsonCourt of Appeals for the Eighth Circuit · 2021
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