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Marksmeier v. Davie, No. 09-3074

By FindLaw Staff on October 08, 2010 | Last updated on March 21, 2019

In Marksmeier v. Davie, No. 09-3074, a section 1983 action claiming that defendant-officers arrested plaintiff for sexual assault without probable cause, the court affirmed summary judgment for defendants where 1) the district court did not err in concluding that plaintiff's constitutional rights were not violated by his arrest as there was probable cause to believe that plaintiff had committed a violation of Nebraska law; 2) plaintiff failed to identify a deliberate choice of a guiding principle or procedure made by the municipal official who has final authority regarding such matters; and 3) the district court did not abuse its substantial discretion in granting a protective order.

As the court wrote:  "Jeffery J. Marksmeier appeals the district court's1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. He also challenges the district court's denial of his motion for additional time to respond to the summary judgment motions and grant of a protective order limiting discovery. We affirm."

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