White v. Moulder, 30 F.3d 80 (8th Cir. 1994). · Go Syfert
White v. Moulder, 30 F.3d 80 (8th Cir. 1994). Cases Citing This Book View Copy Cite
28 citation events (14 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Antonio Slater (ca8, 2020-11-05)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Antonio Slater
8th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
our review is limited to issues specifically raised and argued in the appellants' brief.
discussed Cited as authority (rule) Bergeson v. State of South Dakota
D.S.D. · 2021 · confidence medium
That said, prosecutorial immunity is not infallible, as it protects prosecutors only for acts done in their role as an advocate, specifically acts which are “‘intimately associated with the judicial phase of the criminal process.’” White v. Moulder, 30 F.3d 80, 83 (8th Cir. 1994) (quoting Hike v. Hall, 427 NW2d. 158, 159 (Iowa 1988)).
discussed Cited as authority (rule) United States v. Ingram
N.D. Iowa · 2009 · confidence medium
Coop., 446 F.3d 841 , 845 n. 4 (8th Cir.2006) (limiting review to issues raised by the appellant and declining to consider the appellee’s challenge to the district court’s adverse ruling not raised in a cross-appeal, and noting the well-settled principle that *1080 failure to file a cross-appeal prohibits an appellee from attempting to enlarge his or her own rights or to lessen an adversary’s rights); ABC, Inc. v. Nameloc, Inc., 403 F.3d 607, 610 (8th Cir.2005) (citing Sweat v. City of Fort Smith, Ark, 265 F.3d 692, 696 (8th Cir.2001), for the proposition that “claims not raised in an …
cited Cited as authority (rule) Pro Service Automotive, L.L.C. Pro Parts Automotive, L.L.C. Townes E. Staton Marcia Staton v. Lenan Corp.
8th Cir. · 2006 · confidence medium
White v. Moulder, 30 F.3d 80, 82 (8th Cir.1994).
cited Cited as authority (rule) Pro Service Auto etc v. Lenan Corp.
8th Cir. · 2006 · confidence medium
White v. Moulder, 30 F.3d 80, 82 (8th Cir. 1994).
discussed Cited as authority (rule) Jones v. Correctional Medical Services
8th Cir. · 2005 · confidence medium
This court does not address this argument, because it may only review issues specifically raised and argued in appellant's brief See White v. Moulder, 30 F.3d 80, 82 (8th Cir.1994), cert. denied, 513 U.S. 1084 , 115 S.Ct. 738 , 130 L.Ed.2d 641 (1995).
discussed Cited as authority (rule) JAMES TERRELL, AS TRUSTEE FOR THE HEIRS AND NEXT OF KIN OF TALENA TERRELL, — v. BREK ANDREW LARSON SHAWN AARON LONGEN, —
8th Cir. · 2005 · confidence medium
In taking this position, the majority overlooks the fact that this statement was in the record and that this court can affirm on any basis contained in the record See King v. Fletcher, 319 F.3d 345 , 347 (8th Cir.2003); Wilson v. Spain, 209 F.3d 713, 716 (8th Cir.2000); Hall v. Lhaco, Inc., 140 F.3d 1190, 1193 (8th Cir.1998); White v. Moulder, 30 F.3d 80, 82 (8th Cir.1994).
discussed Cited as authority (rule) James Terrell v. Brek Larson (2×)
8th Cir. · 2005 · confidence medium
See King v. Fletcher, 319 F.3d 345 , 347 (8th Cir. 2003); Wilson v. Spain, 209 F.3d 713, 716 (8th Cir. 2000); Hall v. Lhaco, Inc., 140 F.3d 1190, 1193 (8th Cir. 1998); White v. Moulder, 30 F.3d 80, 82 (8th Cir. 1994).
discussed Cited as authority (rule) Bakst v. Dellaquila (In Re Chatam, Inc.)
Bankr. S.D. Florida · 1999 · confidence medium
See Illinois Conference of Teamsters and Employers Welfare Fund v. Steve Gilbert Trucking, 71 F.3d 1361, 1368 (7th Cir.1995) (“It is well established that the presumption that leave to amend shall be freely given pursuant to Rule 15(a) disappears after the entry of judgment.”); White v. Moulder, 30 F.3d 80, 83-84 (8th Cir.1994) (holding plaintiff was guilty of undue delay in filing motion to amend complaint 11 months after complaint was filed and after district court granted summary judgment for two. defendants); Best Canvas Products & Supplies, Inc. v. Ploof Truck Lines, Inc., 713 F.2d 61…
discussed Cited as authority (rule) Singleton v. Cecil
8th Cir. · 1998 · confidence medium
Because “[o]ur review is limited to issues specifically raised and argued in the [appellant’s] brief,” White v. Moulder, 30 F.3d 80, 82 (8th Cir.1994), we should limit ourselves to addressing only those particularized rights upon which he has chosen to pursue his ease.
discussed Cited as authority (rule) Singleton v. Cecil
8th Cir. · 1998 · confidence medium
Because "[o]ur review is limited to issues specifically raised and argued in the [appellant's] brief," White v. Moulder, 30 F.3d 80, 82 (8th Cir.1994), we should limit ourselves to addressing only those particularized rights upon which he has chosen to pursue his case. 28 Second, the majority's resolution of this appeal does not square with the clear precedent of this court: "to the extent our cases recognize a constitutional right to substantive due process, that right is no greater than the right to procedural due process." Weimer v. Amen, 870 F.2d 1400, 1405-06 (8th Cir.1989) (citing Buhr v…
discussed Cited as authority (rule) David C. Singleton v. Don Cecil
8th Cir. · 1998 · confidence medium
Because "[o]ur review is limited to issues specifically raised and argued in the [appellant's] brief," White v. Moulder, 30 F.3d 80, 82 (8th Cir. -12- 1994), we should limit ourselves to addressing only those particularized rights upon which he has chosen to pursue his case.
discussed Cited as authority (rule) James Hall v. Lhaco Inc.
8th Cir. · 1998 · confidence medium
Furthermore, “ ‘we may affirm the district court’s grant of summary judgment on any ground supported by the record.’ ” Tyus v. Schoemehl, 93 F.3d 449 , 453 n. 6 (8th Cir.1996) (quoting White v. Moulder, 30 F.3d 80, 82 (8th Cir.1994), cert. denied, 513 U.S. 1084 , 115 S.Ct. 738 , 130 L.Ed.2d 641 (1995)), cert. denied, — U.S. -, 117 S.Ct. 1427 , 137 L.Ed.2d 536 (1997). *1194 Thus, we may affirm even if our reasoning is different from the district court’s.
discussed Cited as authority (rule) S.J.S. Ex Rel. L.S. v. Faribault County
Minn. Ct. App. · 1996 · confidence medium
See Imbler, 424 U.S. at 413-15, 430 , 96 S.Ct. at 987, 995 (prosecutor’s alleged suppression of exculpatory evidence was activity intimately associated with judicial phase of criminal process and thus was function protected by prosecutorial immunity); White v. Moulder, 30 F.3d 80, 83 (8th Cir.1994) (prosecutor’s failure to produce evidence favorable to defense falls within functions protected by prosecutorial immunity), cert, denied, — U.S. -, 115 S.Ct. 738 , 130 L.Ed.2d 641 (1995).
discussed Cited as authority (rule) Tyus v. Schoemehl
8th Cir. · 1996 · confidence medium
We nevertheless may affirm the district court, for "we may affirm the district court's grant of summary judgment on any ground supported by record." White v. Moulder, 30 F.3d 80, 82 (8th Cir.1994), cert. denied, 513 U.S. 1084 , 115 S.Ct. 738 , 130 L.Ed.2d 641 (1995) 7 In concluding that adequacy of representation refers to incentive to litigate rather than to actual trial strategy and possible trial errors, as some commentators have argued, see, e.g., 18 Wright, Miller & Cooper, Federal Practice & Procedure: Jurisdiction § 4457, we are influenced by two observations.
discussed Cited as authority (rule) Sterling S. Miller v. Vincent Schoemehl (2×)
8th Cir. · 1996 · confidence medium
We nevertheless may affirm the district court, for "we may affirm the district court’s grant of summary judgment on any ground supported by record.” White v. Moulder, 30 F.3d 80, 82 (8th Cir. 1994), cert. denied,-U.S.-, 115 S.Ct. 738 , 130 L.Ed.2d 641 (1995). .
cited Cited as authority (rule) Lydia Marlene Pace v. Judith K. Moriarty, Individually and in Her Official Capacity James Kolb, Individually and in His Official Capacity
8th Cir. · 1996 · confidence medium
White v. Moulder, 30 F.3d 80, 82 (8th Cir.1994), cert. de *263 nied, — U.S. -, 115 S.Ct. 738 , 130 L.Ed.2d 641 (1995).
cited Cited as authority (rule) Lydia Marlene Pace v. Judith K. Moriarty
8th Cir. · 1996 · confidence medium
White v. Moulder, 30 F.3d 80, 82 (8th Cir. 1994), cert. denied, 115 S. Ct. 738 (1995).
cited Cited "see" Jones Ex Rel. Jones v. Correctional Medical Services, Inc.
8th Cir. · 2005 · signal: see · confidence high
See White v. Moulder, 30 F.3d 80, 82 (8th Cir.1994), cert. denied, 513 U.S. 1084 , 115 S.Ct. 738 , 130 L.Ed.2d 641 (1995).
discussed Cited "see" Andrew Wayne Smith v. Estate of Williams
8th Cir. · 1997 · signal: see · confidence high
See White v. Moulder, 30 F.3d 80, 82 (8th Cir. 1994) (court of appeals may affirm grant of summary judgment on any ground supported by record), cert. denied, 513 U.S. 1084 (1995).
cited Cited "see" Andrew Wayne Smith Teresa B. Smith v. Estate of Guthrie M. Williams Conagra Poultry Company Reliance National Insurance Company
8th Cir. · 1997 · signal: see · confidence high
See White v. Moulder, 30 F.3d 80, 82 (8th Cir.1994) (court of appeals may affirm grant of summary judgment on any ground supported by record), cert. denied, 513 U.S. 1084 (1995).
discussed Cited "see, e.g." Aguilera v. Wright County
N.D. Iowa · 2014 · signal: see also · confidence low
See, e.g., Burr v. City of Cedar Rapids, 286 N.W.2d 393, 394-96 (Iowa 1979); see also White v. Moulder, 30 F.3d 80 , 83 (8th Cir.1994) (“Iowa follows the [federal] functional approach to prosecutorial immunity” to state-law tort claims); Braun v. Best, No. C97-1003, 1998 WL 887270 , *3 (N.D.Iowa March 26, 1998) (Melloy, J.) (so holding).
Retrieving the full opinion text from the archive…
Ronald White Jodi White
v.
William Moulder, in His Official Capacity as Chief of Police of the City of Des Moines Ronald Foster, Individually and in His Official Capacity as Police Officer of the City of Des Moines, Ia David Noel, Individually and in His Official Capacity as Police Officer of the City of Des Moines, Ia Polk County, Ia City of Des Moines, Ia James Ramey, Individually and in His Official Capacity as an Assistant Polk County Attorney
93-1307.
Court of Appeals for the Eighth Circuit.
Jul 14, 1994.
30 F.3d 80
Cited by 5 opinions  |  Published

30 F.3d 80

Ronald WHITE; Jodi White, Appellants,
v.
William MOULDER, in his official capacity as Chief of Police
of the City of Des Moines; Ronald Foster, individually and
in his official capacity as Police Officer of the City of
Des Moines, IA; David Noel, individually and in his
official capacity as Police Officer of the City of Des
Moines, IA; Polk County, IA; City of Des Moines, IA;
James Ramey, individually and in his official capacity as an
Assistant Polk County Attorney, Appellees.

No. 93-1307.

United States Court of Appeals,
Eighth Circuit.

Submitted Oct. 13, 1993.
Decided July 14, 1994.
Rehearing and Suggestion for Rehearing
En Banc Denied Aug. 1994.

Alfredo Parrish, Des Moines, IA, argued for appellant.

Mark Godwin, Des Moines, IA, appeared for James Ramey and Polk County and argued.

Bruce Bergman, Des Moines, IA, appeared for other appellees and on the brief.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

FAGG, Circuit Judge.

[*~80]1

Des Moines police officer Ronald White supervised a search in which police officers seized ten $100 bills and a winning $50 lottery ticket from suspects accused of drug charges. Police officers photographed the seized currency and lottery ticket at the scene of the search. When the prosecution offered the seized evidence at the suspects' state court trial, the lottery ticket was missing and the exhibit envelope contained nine $100 bills, a $50 bill, two $20 bills, and a $10 bill. Believing someone had tampered with the evidence, the trial judge asked Ronald Foster and David Noel, Des Moines police officers who had been present at the search, to count the currency and prepare an inventory by denomination and serial number. Because the trial judge allowed the suspects to plead guilty to lesser charges, the trial ended and the exhibit envelope containing the currency was returned to the police department along with the officers' inventory.

2

During an investigation into the missing evidence, a police identification technician found Foster and Noel's inventory mistakenly listed the $50 bill twice and neglected to list the smaller bills. An identification sergeant notified Foster, who put the information in his field notes and also told Noel and Polk County Attorney James Ramey about the mistakes. Ramey told Foster he did not need the information from Foster's field notes at that time. A police investigator also learned that Officer White's spouse, Jodi White, cashed the missing lottery ticket the day after the search. About a month later, Ramey filed a state charge against Officer White for theft of the missing $100 bill and lottery ticket. The police department then dismissed Officer White from employment.

[*~81]3

Before Officer White's trial on the theft charge, his attorney filed a motion to produce exculpatory evidence, but Ramey produced no evidence. At Officer White's trial, Ramey represented to the judge that the serial numbers on the currency in the exhibit envelope at the suspects' trial matched the serial numbers on the currency inventory prepared by Foster and Noel. After Ramey's representation proved untrue, Foster testified about telling Ramey of the mistakes in the inventory. Finding Ramey "knowingly, willfully, intentionally and deliberately suppressed exculpatory evidence," the trial judge struck the testimony about the currency seized in the search and instructed the jury to disregard all evidence about the currency. The jury acquitted Officer White. Officer White was later ordered reinstated on the police force with back pay.

4

Officer White brought this action under 42 U.S.C. Sec. 1983 against Des Moines Chief of Police William Moulder and the City of Des Moines, claiming his dismissal from the police force violated his right to due process. Officer White made additional Sec. 1983 claims against Foster, Noel, Ramey, and Polk County, claiming violations of his right to a fair trial. Officer White and Jodi White also made state law claims against Moulder, the City of Des Moines, Foster, Noel, Ramey, and Polk County, for intentional infliction of emotional distress. The district court granted summary judgment denying all the Whites' claims. The Whites appeal and we affirm.

[*~82]5

Our review is limited to issues specifically raised and argued in the Whites' brief. See United States v. Simmons, 964 F.2d 763, 777 (8th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 632, 121 L.Ed.2d 563 (1992). We thus do not address Officer White's claims against Moulder and the City of Des Moines, which the Whites did not brief. As for the issues raised in the Whites' brief, we may affirm the district court's grant of summary judgment on any ground supported by record. See Cochenour v. Cochenour, 888 F.2d 1244, 1246 (8th Cir.1989).

6

On appeal, Officer White rests his Sec. 1983 claims on his assertion that he was denied his constitutionally protected right to a fair trial when Foster, Noel, and Ramey failed to disclose the evidence of mistakes in the currency inventory to Officer White or his attorney before Officer White's state court trial started. Our review of Officer White's Sec. 1983 claims necessarily begins with the threshold question of whether Officer White has been deprived of a constitutional right. See Baker v. McCollan, 443 U.S. 137, 140, 99 S.Ct. 2689, 2692, 61 L.Ed.2d 433 (1979). After considering Officer White's trial as a whole, we conclude Officer White has failed to show a constitutional violation because his trial was not fundamentally unfair. See Christman v. Hanrahan, 500 F.2d 65, 67-68 (7th Cir.), cert. denied, 419 U.S. 1050, 95 S.Ct. 626, 42 L.Ed.2d 644 (1974). Because the mistakes in preparing the currency inventory were discovered during Officer White's trial, Officer White's complaint is essentially about the timing of discovery of evidence Officer White considers favorable to his defense. See id. at 68. The delayed disclosure did not prejudice Officer White's defense, however, because the trial court effectively prevented unfair jury influence by striking all the evidence about the seized currency and directing the jury to disregard the evidence, and because Officer White was acquitted on theft of the $100 bill and the lottery ticket. Although the prosecutor's failure to respond to Officer White's motion to produce exculpatory evidence is inexcusable, the delay did not impair White's right to a fair trial.

7

Having concluded Officer White's failure to show a constitutional violation disposes of his Sec. 1983 claims against Foster, Noel, Ramey, and Polk County, we turn to the Whites' other claims. The Whites contend Ramey and Polk County intentionally inflicted emotional distress on the Whites when Ramey failed to produce the evidence about the mistakes in the currency inventory after Officer White's motion to produce was granted. We need not consider the merits of the Whites' emotional distress claims against Ramey and Polk County because Ramey and Polk County are entitled to absolute prosecutorial immunity from civil liability under Iowa law. Iowa follows the Imbler functional approach to prosecutorial immunity, giving county attorneys and the counties that employ them absolute immunity for activities that are " 'intimately associated with the judicial phase of the criminal process.' " Hike v. Hall, 427 N.W.2d 158, 159 (Iowa 1988) (quoting Imbler v. Pachtman, 424 U.S. 409, 430, 96 S.Ct. 984, 995, 47 L.Ed.2d 128 (1976)); see Hanson v. Flores, 486 N.W.2d 294, 295 (Iowa 1992) (immunity extends to county). Ramey's failure to produce evidence favorable to Officer White falls squarely within the protected prosecutorial function. See Imbler, 424 U.S. at 416, 430, 96 S.Ct. at 988, 995 (prosecutor absolutely immune from allegation he suppressed material evidence).

8

Even though Ramey is immune from tort liability to the Whites, Ramey is "amenab[le] to professional discipline by an association of his peers." See Imbler, 424 U.S. at 429, 96 S.Ct. at 994; Blanton v. Barrick, 258 N.W.2d 306, 311 (Iowa 1977) (to same effect). Indeed, the Iowa Supreme Court suspended Ramey's license to practice law based on Ramey's conduct at Officer White's trial. Committee on Professional Ethics & Conduct of the Iowa State Bar Ass'n v. Ramey, 512 N.W.2d 569 (Iowa 1994).

9

The Whites also contend Foster and Noel intentionally inflicted emotional distress on the Whites by failing to disclose the evidence about the inventory mistakes directly to Officer White or his attorney. To prevail on these claims, the Whites must prove outrageous conduct. See Cutler v. Klass, Whicher & Mishne, 473 N.W.2d 178, 183 (Iowa 1991). Because Foster and Noel satisfied their obligations to disclose exculpatory evidence when they told prosecutor Ramey about the mistakes in their inventory, see Walker v. City of New York, 974 F.2d 293, 299 (2nd Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 1387, 122 L.Ed.2d 762 and cert. denied, --- U.S. ----, 113 S.Ct. 1412, 122 L.Ed.2d 784 (1993), we agree with the district court that Foster and Noel's failure to disclose the evidence to White or his attorney cannot be considered outrageous. The district court thus properly granted summary judgment for Foster and Noel on the Whites' emotional distress claims. See Cutler, 473 N.W.2d at 183 (court decides as a matter of law whether conduct may reasonably be considered outrageous).

10

Finally, the Whites challenge the district court's denial of the Whites' motion to amend their complaint to allege a conspiracy between Foster, Noel, Ramey, and Moulder to deny Officer White equal protection by withholding the evidence about the mistakes in the currency inventory. We conclude the district court did not abuse its discretion in denying the Whites' motion because the undisputed facts show the Whites do not have colorable grounds for relief on their conspiracy theory. See Williams v. Little Rock Mun. Water Works, 21 F.3d 218, 224 (8th Cir.1994). It is undisputed Foster and Noel told Ramey of the mistakes and put the information in their field notes and that neither the police officers nor Ramey told Moulder about the mistakes. Additionally, the Whites were guilty of undue delay in filing their motion eleven months after their complaint was filed and after the district court granted summary judgment for two defendants. The district court was not persuaded to grant the Whites' tardy motion to amend their complaint because the case from another federal circuit on which the Whites relied for raising their conspiracy theory was decided ten months before the Whites filed their motion to amend. See id.

[*~83]11

Accordingly, we affirm the district court.