Legal Opinion

Kelley Bagby v. Steve Brondhaver

Court of Appeals for the Eighth Circuit

Decided October 28, 1996No. 95-3361PublishedCited by 61 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

Deputy sheriff Steve Brondhaver appeals an order denying his motion for a qualified immunity dismissal of Kelly Bagby’s 42 U.S.C. § 1983 claim. Concluding that Bron-dhaver’s arrest warrant affidavit did not contain objectively unreasonable falsehoods under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), we reverse.

Between November 1991 and February 1992, Brondhaver was investigating possible sexual abuse of Bagby’s seven-year-old nephew, J.T., and his two-year-old sister. Medical examinations revealed that both children were likely victims of…

2Cases cited15 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Franks v. DelawareSupreme Court of the United States · 1978
  3. Malley v. BriggsSupreme Court of the United States · 1986
  4. Siegert v. GilleySupreme Court of the United States · 1991
  5. Behrens v. PelletierSupreme Court of the United States · 1996

10 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Murray v. LeneCourt of Appeals for the Eighth Circuit · 2010
  2. Clint Small v. James McCrystalCourt of Appeals for the Eighth Circuit · 2013
  3. Riehm v. EngelkingCourt of Appeals for the Eighth Circuit · 2008
  4. Charles Odom v. Kenan KaizerCourt of Appeals for the Eighth Circuit · 2017
  5. Z. J. v. Kansas City Brd of Police CommCourt of Appeals for the Eighth Circuit · 2019

56 more not listed; retrieve them via the Exa API.

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