1The Honorable William Brevard Hand, United States District Judge for the

Southern District of Alabama, sitting by designation.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 99-3801

___________

William J. Kiser, II, *

*

Plaintiff-Appellant, *

*

v. *

*

City of Huron, South Dakota; * Appeal from the United States

Larry Quam, and Other Unknown * District Court for the

Police Officers of the City of Huron, * District of South Dakota.

John Does, *

*

Defendants-Appellees. *

___________

Submitted: June 13, 2000

Filed: July 27, 2000

___________

Before LOKEN and BRIGHT, Circuit Judges, and HAND1, District Judge.

___________

BRIGHT, Circuit Judge.

After his former girlfriend complained to the police department in the City of

Huron, South Dakota ("City"), William J. Kiser, II ("Kiser") was arrested on a number

of felony charges, including kidnapping and assault. Kiser was indicted by a grand jury
2The Honorable Lawrence J. Piersol, Chief Judge, United States District Court

for the District of South Dakota.

-2-

on two of these charges—kidnapping and simple assault. The prosecutor later reduced

these charges to one count of disorderly conduct, a misdemeanor. Kiser pleaded guilty

to this charge and subsequently brought this civil rights suit, under 42 U.S.C. § 1983,

naming the City, Officer Larry Quam ("Quam"), and other unknown police officers as

defendants. Kiser's complaint alleged that the defendants were unjustified in arresting

him without a warrant.

On defendants' motion to dismiss on summary judgment, the district court2 found

that Kiser's arrest was supported by probable cause and, thus, that all of the police

officers were entitled to qualified immunity. On that basis, the court reasoned that the

police officers were entitled to summary judgment in this case and, further, that Kiser

could not prevail against the City. 

We affirm.

I. BACKGROUND

On January 26, 1997, Kim R. Collins ("Collins"), Kiser's ex-girlfriend, came to

the City's police department and claimed that she had been kidnapped. When she

arrived at the department, the officer on duty (Quam) interviewed her. Among many

other details, Collins reported to Officer Quam that Kiser confronted her in a local

parking lot, took her car keys, seized her by force, and drove her to a remote location

against her will. Although Kiser later released Collins unharmed, she was frightened

and wanted to press charges.
-3-

Shortly after Officer Quam finished his interview with Collins, and solely on the

strength of her representations therein, Quam and other officers arrested Kiser without

first obtaining a warrant.

On January 30, 1997, Collins and her then-current boyfriend, Robbie Mitzel,

appeared and testified before a county grand jury. After deliberation, the grand jury

ultimately returned indictments against Kiser for kidnapping and simple assault. As

previously noted however, the prosecution reduced the charges to a single count of

misdemeanor disorderly conduct, and Kiser pleaded guilty.

On December 31, 1997, Kiser brought the present suit in the district court, under

42 U.S.C. § 1983. Kiser alleged that Quam arrested him in violation of the Fourth,

Fifth, and Fourteenth Amendments, and that the City incurred liability to Kiser based

on Quam's actions, on a failure-to-train theory. In an order dated September 13, 1999,

however, the district court granted defendants' motion for summary judgment after

concluding that: (1) Kiser's arrest was supported by probable cause, and Quam was

therefore entitled to qualified immunity from suit; and (2) the City could not be held

liable because Kiser had not prevailed on his underlying substantive claim against the

officers.

This timely appeal follows, and Kiser argues that both of the district court's

conclusions were, as a matter of law, erroneous.

II. DISCUSSION

When we consider a district court's decision to grant summary judgment, our

review is made de novo, see Olinger v. Larson, 134 F.3d 1362, 1365 (8th Cir. 1998),

and we will affirm where the record shows that the prevailing party is entitled to

judgment as a matter of law. See Brodnicki v. City of Omaha, 75 F.3d 1261, 1264 (8th

Cir. 1996). 
3

 Indeed, the victim's testimony before the grand jury conformed in all material

respects to the account she gave to Officer Quam, and the grand jury clearly credited

that testimony as well.

-4-

A. Officer Quam

On appeal, Kiser argues that the district court erred when it concluded that

Officer Quam had probable cause to arrest him. Absent probable cause, a warrantless

arrest may support a claim under § 1983. See Hannah v. City of Overland, 795 F.2d

1385, 1389 (8th Cir. 1986). With probable cause, however, a police officer may

lawfully arrest an individual on felony charges, even without the benefit of a warrant.

See Olinger, 134 F.3d at 1366 (citing Beck v. Ohio, 379 U.S. 89, 91 (1964)).

Furthermore, "[a]n officer has probable cause to make a warrantless arrest when facts

known to the officer are sufficient to make a reasonably prudent officer believe that the

suspect is committing or has committed an offense." Id.

In this case, Officer Quam received a credible and unsolicited report from the

alleged victim. That report, although admittedly one-sided, contained sufficient detail

to suggest that the complainant spoke truthfully.3 Kiser argues that Officer Quam

should have obtained an arrest warrant or, at a minimum, conducted an additional

investigation before arresting him. We disagree. Based solely on Collins's allegations,

a reasonably prudent officer in Quam's position would have sufficient grounds to

believe that Kiser had committed a serious criminal offense. In order to establish

probable cause, no more is required. See Brodnicki, 75 F.3d at 1264-65.

We agree with the district court that the undisputed facts show probable cause

supported Quam's warrantless arrest of Kiser. Thus, the district court properly granted

summary judgment dismissing the action against Officer Quam and the other policemen

who participated in Kiser's arrest. See id. at 1266 (no basis for § 1983 claim where

officers had probable cause). 
-5-

B. City of Huron

Kiser also argues that the district court erred in granting summary judgment in

favor of the City. In light of our holding with respect to Officer Quam, this claim

cannot succeed. We have previously held that when a § 1983 plaintiff seeks to hold

a municipality liable based on its alleged inadequate training and supervision of its

police officers the plaintiff must first establish that the officers' actions were unlawful.

See Olinger, 134 F.3d at 1367 (quoting Abbott v. City of Crocker, 30 F.3d 994, 998

(8th Cir. 1994))("The City cannot be liable . . . whether on a failure to train theory or

a municipal custom or policy theory, unless [an officer] is found liable on the

underlying substantive claim.").

Here, because Officer Quam is entitled to qualified immunity and attendant

summary judgment, Kiser cannot establish the requisite underlying claim. Thus, the

district court was correct to conclude that the City is likewise entitled to summary

judgment as a matter of law.

III. CONCLUSION

The district court was correct to grant summary judgment in favor of both

defendants in this case because the facts, as they were related to Officer Quam,

furnished probable cause to arrest Kiser. As a result, Quam and the other officers were

entitled to qualified immunity from suit. Kiser's suit against the City must also fail

because he has not established an underlying constitutional violation. Therefore, the

district court's summary judgment of dismissal is affirmed.
-6-

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.