Eighth Circuit· 6/9/2017

Christopher Kiesling v. Ross Spurlock

Citations

859 F.3d 529
2017 WL 2485217
2017 U.S. App. LEXIS 10271

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that the exhibits attached to the complaint, including a copy of the search warrant and affidavit are part of the complaint in analyzing a motion to dismiss on the basis of qualified immunity
holding that an officer’s reliance on his affidavit which described a jailhouse call that the defendants were keeping a pet deer in their house and they were “watching” from their window” was not entirely unreasonable for the officer to rely on.
observing that “a warrant generally confers a shield of immunity [on] officers” (quotation marks omitted) (quoting Messerschmidt v. Millender, 565 U.S. 535, 547 (2012)
holding it was not unreasonable for defendant officer to believe his affidavit established sufficient probable cause for the warrant where a probability existed that the items seized would aid in the prosecution of the criminal act
construing a search warrant and warrant affidavit as “part of the complaint” when attached as exhibits for the purpose of evaluating a motion to dismiss
“[D]efendants must show they are entitled to qualified immunity on the face of the complaint.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Gruender, Gritzner

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Cited by

3 cases in this archive cite this case.

Cites

17 cases in this archive are cited by this case.

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