Michael Wayne Klein v. Warren Steinkamp

Des Moines, Iowa personal injury lawyer represented Plaintiff, who sued Defendant on a civil rights violation theory.



Michael Klein sued police officer Warren Steinkamp, now retired, after an

encounter that led to Klein's arrest and a truncated prosecution.



he district court granted Steinkamp's motion for summary judgment, and Klein appeals the dismissal

of his claims alleging unlawful seizure, false arrest, and malicious prosecution. We

conclude that the seizure and arrest claims were untimely, and that the malicious

prosecution claim fails on the merits.



* * * *



On June 19, 2017, Steinkamp and another police officer in Des Moines were

dispatched to an apartment building because the manager suspected two people of

trespassing and making unauthorized use of a key fob. When the officers arrived,

staff believed that the two suspects were in Klein's apartment at the building. A staff

member knocked on the door, and Klein eventually opened it. Police saw two people

inside with Klein, asked for their identification, and entered the apartment through

the opened door.



The officers learned from the apartment manager that the owner of the missing

key fob was also missing an expensive purse. Officers asked Klein and the two

others to produce their key chains so that police could look for the missing key fob.

Officers also began to look for a purse.



Steinkamp picked up and opened a Crown Royal bag. According to his

testimony, Steinkamp felt that he had consent to open the bag, and he believed that

"people could put drugs” in such a bag. Steinkamp found two empty plastic baggies

inside. He thought the baggies indicated that there "could be drug usage going on”

in the apartment.



Steinkamp then noticed a lock box and opened it using a key on one of the key

chains that he had collected. He looked through the contents of the box and found

Klein's identification card, a digital scale, and several bags of a white crystalline

substance that he suspected was methamphetamine. The officers then arrested Klein

on drug charges. A laboratory report later showed that the lock box contained more

than nine grams of methamphetamine.



Klein was charged in Iowa state court with two offenses: (1) possession of

more than five grams of methamphetamine with intent to deliver, see Iowa Code

§ 124.401(1)(b)(7), and (2) failure to possess a tax stamp as a dealer of a controlled

substance, an offense that requires possession of seven grams or more of

methamphetamine. See id. §§ 453B.1(3), 453B.3, 453B.12.

Klein was arraigned on June 20, 2017, and he was detained pending trial. After

Klein moved to suppress evidence seized from the apartment, the county attorney

elected not to proceed with the case. The prosecution moved to dismiss the charges,

and the court granted a dismissal on November 7, 2017. Klein was released from jail

several days later.



Klein brought this action in Iowa district court on November 6, 2019, alleging

civil rights violations under federal and Iowa state law. Steinkamp removed the case

to federal court, and the district court exercised jurisdiction over claims arising under

both federal and state law. See 28 U.S.C. §§ 1331, 1367. The court ultimately

granted Steinkamp's motion for summary judgment and dismissed the action.

Summary judgment is warranted when there is no genuine dispute as to any material

fact and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a).

Summary judgment in favor of Defendant affirmed.