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 Bailey but did not arrest him, then Bailey likely would return to her home and retaliate violently against her.
Mueller went to the Residential Center, the state-run halfway house in which Bailey resided, to speak with him. A probation officer at the halfway-house told Mueller that Bailey was at a nearby workforce-development office. Mueller found Bailey at the office and explained Montgomery’s allegations; Bailey denied going to Montgomery’s residence or calling her, and claimed that she had been calling him. Mueller instructed Bailey not to contact Montgomery in any way, but did not arrest him.
Judge(s): Steven Colloton
Jurisdiction: U.S. Court of Appeals, Eighth Circuit
Related Categories: Criminal Justice , Education , Employment , Government / Politics , Health Care , Torts
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