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HEIB v. LEHRKAMP

No. 23065.

704 N.W.2d 875 (2005)

2005 SD 98

Todd A. HEIB, Plaintiff and Appellant, v. Robert LEHRKAMP, Jr., individually and in his official capacities with Meade County, South Dakota, Defendant and Appellee. Susan Grusing, Guardian Ad Litem of J.G., a female juvenile, and J.G., a male juvenile; and Carol Raths, Guardian Ad Litem of N.W., a female juvenile, Defendants.

Supreme Court of South Dakota.

Decided September 21, 2005.

Rehearing Denied October 24, 2005.

Attorney(s) appearing for the Case

Kenneth R. Dewell, Gregory A. Eiesland of Johnson Eiesland Law Firm, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

John Stanton Dorsey of Whiting, Hagg & Hagg, Rapid City, South Dakota, Attorneys for appellee R. Lehrkamp, Jr.

KONENKAMP, Justice.

[¶ 1.] Todd Heib was falsely accused, arrested, and jailed for eighty-six days on charges of kidnapping and rape. After the charges were dismissed, he successfully sued the three children who fabricated the story of their abduction. He also sued the deputy sheriff who led the investigation. The circuit court granted summary judgment for the deputy. On appeal, we conclude, under the totality of circumstances, that probable cause to arrest Heib...

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