Elwood v. County of Rice

POPOVICH, Justice.

This case arrives on the certified question restated essentially as follows: Should a peace officer who is acting within qualified immunity for purposes of an action under 42 U.S.C. § 1983 be granted the same qualified immunity from liability for state tort actions alleging trespass and battery?

The case stems from a domestic dispute investigation by two Rice County deputy sheriffs. Plaintiffs sued the officers, alleging assault, battery, trespass, false arrest and false imprisonment, intentional infliction of emotional distress, and deprivation of constitutional rights under…