• Skip to main content

Iverson Reuvers

Attorneys At Law

  • About
  • Practice Areas
    • Business Law
    • Civil Rights
    • Commercial Litigation
    • Construction
    • Eminent Domain
    • Employment
    • Estate Planning, Elder Law & Probate
    • Land Use & Environment
    • Municipal Liability
    • Real Estate
  • Our People
    • Jon K. Iverson
    • Paul D. Reuvers
    • Jason J. Kuboushek
    • Jason M. Hiveley
    • Susan M. Tindal
    • Stephanie A. Angolkar
    • Andrew A. Wolf
    • Ashley M. Ramstad
    • Emma M. Baker
    • Michael Conlin-Brandenburg
    • Carlos Soto-Quezada
    • Rebecca J. Eitreim
    • Carlie A. Sevcik
    • Sue H. Iverson
  • Contact Us
  • News

Eighth Circuit Burden of Proof in § 1983 Cases

January 30, 2012

The Eighth Circuit Court of Appeals affirmed the defense verdict in Sandra Der v. Isanti County Deputy Sean Connolly January 25, 2012 in a published decision.  The case was tried in October 2010 before US District Court Judge Patrick Schiltz.  Plaintiff appealed the defense verdict arguing the Deputy bore the burden of proving consent to enter and exigent circumstances because a warrantless entry is presumed unreasonable.  The Eighth Circuit agreed with the majority of circuits and held conclusively a plaintiff retains the burden of proof throughout trial in a section 1983 suit.  The Deputy has only a burden of production which was satisfied by producing evidence through testimony regarding Plaintiff’s consent and the existence of a perceived emergency in the home.  The Court also agreed the emergency aid exception requires only an objectively reasonable basis someone inside the home needs immediate aid; that a PBT can be admitted to establish probable cause even though it lacks sufficient reliability to be admitted as substantive evidence; and, evidence of a subsequent unrelated event to show motive or intent is irrelevant in a section 1983 case.  Deputy Connolly was represented by Jason M. Hiveley and Andrea B. Wing.

© 2025 Iverson Reuvers