Davis v. City of Albia

RULING ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

WALTERS, United States Magistrate Judge.

This matter is before the Court on defendants’ motion for summary judgment [15]. Plaintiff Richard J. Davis filed a petition in the Iowa District Court in and for Monroe County on October 22, 2004 in which he claimed that on October 24, 2002 Albia, Iowa police officer Randy Hutchinson arrested him without probable cause and used excessive force against him during the arrest. The state court petition thus alleged violations of Mr. Davis’ rights under the Fourth Amendment to the United States Constitution.…