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Montgomery v. City of Ames

United States Court of Appeals, Eighth Circuit

April 10, 2014

Tamela Montgomery, Plaintiff - Appellant,
v.
City of Ames; Suzanne Owens, individually and in her official capacity as a Law Enforcement Officer for the City of Ames Police Department; Heath Ropp, individually and in his official capacity as a Law Enforcement Officer for the City of Ames Police Department; Christine Crippen, individually and in her official capacity as a Law Enforcement Officer for the City of Ames Police Department; John Doe, individually and in his official capacity as a Law Enforcement Officer for the City of Ames Police Department; State of Iowa; John Baldwin, individually and in his official capacity as Director of the Iowa Department of Corrections; Curt Forbes Residential Center; John McPherson, individually and in his official capacity as Manager of Curt Forbes Residential Center, Defendants - Appellees

Submitted December 13, 2013

Petition for certiorari filed at, 07/08/2014

Page 690

Appeal from United States District Court for the Southern District of Iowa - Des Moines.

For Tamela Montgomery, Plaintiff - Appellant: Brandon John Brown, Alfredo G. Parrish, PARRISH LAW FIRM, Des Moines, IA.

For City of Ames, Suzanne Owens, individually and in her official capacity as a Law Enforcement Officer for the City of Ames Police Department, Heath Ropp, individually and in his official capacity as a Law Enforcement Officer for the City of Ames Police Department, Christine Crippen, individually and in her official capacity as a Law Enforcement Officer for the City of Ames Police Department, Defendants - Appellees: Robert J. Thole, Mark William Thomas, GREFE & SIDNEY, Des Moines, IA.

For John Doe, individually and in his official capacity as a Law Enforcement Officer for the City of Ames Police Department, Defendant - Appellee: Mark William Thomas, GREFE & SIDNEY, Des Moines, IA.

For State of Iowa, John Baldwin, individually and in her official capacity as Director of the Iowa Department of Corrections, Curt Forbes Residential Center, John McPherson, individually and in her official capacity as Manager of Curt Forbes Residential Center, Defendants - Appellees: William Allen Hill, Assistant Attorney General, ATTORNEY GENERAL'S OFFICE, Des Moines, IA.

Before RILEY, Chief Judge, COLLOTON and KELLY, Circuit Judges.

OPINION

Page 691

COLLOTON, Circuit Judge

Tamela Montgomery was seriously injured when Angenaldo Bailey broke into her house and shot her three times. Montgomery brought a claim under 42 U.S.C. § 1983 and several state-law negligence claims against the City of Ames, several Ames police officers, the State of Iowa, the director of the Iowa Department of Corrections John Baldwin, the Curt Forbes Residential Center, and John McPherson, the manager of the Residential Center. Montgomery alleged that the City of Ames and the defendant officers (the " City Defendants" ) violated her constitutional right to bodily integrity by creating the danger that Bailey would attack

Page 692

her and by acting with deliberate indifference to that danger both before and after she was shot. She also alleged that the State of Iowa, Baldwin, the Residential Center, and McPherson (the " State Defendants" ) acted with deliberate indifference to Bailey's history of violating a protective order. After the City Defendants moved for summary judgment, the district court granted summary judgment for all defendants on the § 1983 claims and dismissed without prejudice the state-law claims. Montgomery appeals. We affirm in part, reverse in part, and remand for further proceedings.

I.

Because we are reviewing a grant of summary judgment, we describe the facts in the light most favorable to Montgomery. On June 3, 2009, based on Bailey's conviction for second-degree domestic-abuse assault, an Iowa court issued a protective order prohibiting Bailey from contacting Montgomery and from " be[ing] in the immediate vicinity of [her] residence." The protective order stated that Bailey faced immediate arrest if he violated the order.

On the afternoon of September 28, 2009, Montgomery contacted the City of Ames police department to report that Bailey had been calling her and visiting her home, in violation of the protective order. City of Ames police officer John Mueller responded and discussed Montgomery's allegations with her. He informed Montgomery that he would attempt to find Bailey to " get his side of the story" and would return that night. Montgomery warned Mueller that if he contacted ...


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