Janet Wilson v. Boone County, AR

Eighth Circuit

Janet Wilson v. Boone County, AR

192 F. App'x 573

CourtCourt of Appeals for the Eighth Circuit

DecidedAugust 14, 2006

Docket05-3439

StatusUnpublished

This text of 192 F. App'x 573 (Janet Wilson v. Boone County, AR) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Janet Wilson v. Boone County, AR, 192 F. App'x 573 (8th Cir. 2006).

Pincite

Opinion

[UNPUBLISHED] •

PER CURIAM.

Janet Wilson (Wilson) appeals the district court’s 1 adverse grant of summary judgment in her 42 U.S.C. § 1983 lawsuit. Wilson sued Boone County, Arkansas (County); County Sheriff Danny Hickman (Hickman) and Police Captain Mark Rupp (Rupp); and Arkansas State Police Officer David Lafferty (Lafferty) for Fourth, Fifth, and Fourteenth Amendment violations, and for malicious prosecution, arising from an affidavit of probable cause which resulted in a warrant for her arrest on capital murder charges that were later dismissed. 2 We review de novo the district court’s grant of summary judgment, viewing the record in a light most favorable to Wilson. See Turpin v. County of Rock, 262 F.3d 779, 783 (8th Cir.2001).

For the reasons explained by the district court, we agree with the court that the record did not establish trialworthy issues as to (1) Hickman’s personal involvement in the preparation and presentation of the affidavit, see Andrews v. Fowler, 98 F.3d 1069, 1078 (8th Cir.1996) (supervisory liability under § 1983); (2) Rupp’s and Laffert/s entitlement to qualified immunity on the individual-capacity claims against them, see Malley v. Briggs, 475 U.S. 335, 345, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986) (question is whether reasonably well-trained officer in petitioner’s position would have known that his affidavit failed to establish probable cause and that he should not have applied for warrant); Turpin, 262 F.3d at 783 (two-step analysis in qualified immunity determination); and (3) the constitutionality of the County policy Wilson challenged, see Monell v. N.Y. City Dep’t of Soc. Servs., 436 U.S. 658, 694-95, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (local government’s § 1983 liability).

We also find no abuse of discretion in the district court’s decision to decline to *574 exercise supplemental jurisdiction over the state-law malicious-prosecution claim. See Gibson v. Weber, 433 F.3d 642, 647 (8th Cir.2006).

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.

2

. On appeal Wilson has waived her remaining claims. See Watson v. O’Neill, 365 F.3d 609, 614 n. 4 (8th Cir.2004).

Free access — add to your briefcase to read the full text and ask questions with AI

[UNPUBLISHED] •

PER CURIAM.

Janet Wilson (Wilson) appeals the district court’s 1 adverse grant of summary judgment in her 42 U.S.C. § 1983 lawsuit. Wilson sued Boone County, Arkansas (County); County Sheriff Danny Hickman (Hickman) and Police Captain Mark Rupp (Rupp); and Arkansas State Police Officer David Lafferty (Lafferty) for Fourth, Fifth, and Fourteenth Amendment violations, and for malicious prosecution, arising from an affidavit of probable cause which resulted in a warrant for her arrest on capital murder charges that were later dismissed. 2 We review de novo the district court’s grant of summary judgment, viewing the record in a light most favorable to Wilson. See Turpin v. County of Rock, 262 F.3d 779, 783 (8th Cir.2001).

For the reasons explained by the district court, we agree with the court that the record did not establish trialworthy issues as to (1) Hickman’s personal involvement in the preparation and presentation of the affidavit, see Andrews v. Fowler, 98 F.3d 1069, 1078 (8th Cir.1996) (supervisory liability under § 1983); (2) Rupp’s and Laffert/s entitlement to qualified immunity on the individual-capacity claims against them, see Malley v. Briggs, 475 U.S. 335, 345, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986) (question is whether reasonably well-trained officer in petitioner’s position would have known that his affidavit failed to establish probable cause and that he should not have applied for warrant); Turpin, 262 F.3d at 783 (two-step analysis in qualified immunity determination); and (3) the constitutionality of the County policy Wilson challenged, see Monell v. N.Y. City Dep’t of Soc. Servs., 436 U.S. 658, 694-95, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (local government’s § 1983 liability).

We also find no abuse of discretion in the district court’s decision to decline to *574 exercise supplemental jurisdiction over the state-law malicious-prosecution claim. See Gibson v. Weber, 433 F.3d 642, 647 (8th Cir.2006).

Accordingly, we affirm. See 8th Cir. R. 47B.

1

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.

2

. On appeal Wilson has waived her remaining claims. See Watson v. O’Neill, 365 F.3d 609, 614 n. 4 (8th Cir.2004).

Cite This Page — Counsel Stack

Bluebook (online)

192 F. App'x 573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janet-wilson-v-boone-county-ar-ca8-2006.

Opinion

Related

Cite This Page — Counsel Stack