Des Moines Police Department responds to ruling that found officers violated family's rights, denied immunity
The Des Moines Police Department respects the decision from the U.S. Court of Appeals that found its officers violated a family's constitutional rights and denied officers' qualified immunity in fighting a lawsuit, a spokesperson said.
"We respect the decisions handed down from our judiciary. We will continue to apply their guidance, as interpreted by our City Legal Department, and strive for the continued delivery of the exceptional service that keeps our community safe," said Sgt. Paul Parizek, spokesperson for the Des Moines Police Department.
In the statement to the Des Moines Register, Parizek said: "The desire of the men and women of the Des Moines Police Department to serve our community is sincere and strong. Often, that service occurs during some of the most serious crimes, and our effort to bring justice for victims is concentrated on the integrity of those investigations, and the timely preservation of evidence."
The appeals court ruling, filed Tuesday, upheld a June 2021 district court ruling that determined three Des Moines police officers violated the constitutional rights of the family of a 2017 murder victim. It also denied the officers' qualified immunity claim.
"Rarely do rights come more clearly established. The Des Moines Police Department apparently thinks it is constitutional to seize, transport, and interrogate innocent witnesses based on 'societal needs'," a concurrent appeals court opinion said. "We once again reject the argument that investigatory need justifies suspicionless seizures. No Fourth Amendment principle is more clearly established."
The violation arose after Shawn Davis stabbed his brother, Preston Davis, during a family gathering in August 2017. Crysteal Davis, Preston Davis' wife; Damon Davis, another brother; and cousin Iisha Hillmon witnessed the stabbing, according to the appeals court decision. The relatives were not suspects in the killing, police said, but officers took them to the police station and questioned them for more than three hours rather than taking them to the hospital to see Preston Davis.
Preston Davis, meanwhile, died.
The relatives sued the three officers involved and others claiming they were subjects of illegal search and seizure and false arrest.
The officers denied the allegations. They also argued they had immunity from the lawsuit. Qualified immunity protects police and other government officials from liability by allowing lawsuits only when officials violate a "clearly established" constitutional right.
The appeals court decision said the officers did not have that immunity and they had violated the family's constitutional rights.
More: What does Iowa's new 'Back the Blue' qualified immunity law actually mean? Judges disagree.
Andrea Sahouri covers social justice for the Des Moines Register. She can be contacted at asahouri@registermedia.com, on Twitter @andreamsahouri, or by phone 515-284-8247.
This article originally appeared on Des Moines Register: Des Moines Police Department responds to denial of qualified immunity
