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Muller v. Noelck11/25/2002
ficient amount of air was not processed by the machine to give an accurate readout of Muller's blood alcohol content. The undisputed evidence presented to the district court indicates Deputy Noelck was told during training that if a suspect failed to give a proper sample, he was to consider it a refusal to submit to testing.
Deputy Noelck had probable cause to arrest Muller for operating a motor vehicle while intoxicated and child endangerment. The existence of probable cause vitiates Muller's claims of violation of 42 U.S.C. section 1983, Pierson v. Ray, 386 U.S. 547, 555-57, 87 S. Ct. 1213, 1218-19, 18 L. Ed. 2d 288, 295-96 (1967) (recognizing "the defense of good faith and probable cause" in a 42 U.S.C. section 1983 case involving unconstitutional warrantless arrest), false arrest, Kraft v. City of Bettendorf, 359 N.W.2d 466, 469 (Iowa 1984) (identifying unlawfulness of detention as an element of false arrest), and malicious prosecution, Whalen v. Connelly, 621 N.W.2d 681, 688-89 (Iowa 2000) (holding want of probable cause an element of malicious prosecution). Accordingly, summary judgment was appropriate on these claims.
We likewise conclude summary judgment was appropriate on Muller's claim of intentional infliction of emotional distress. To establish a prima facie claim for intentional infliction of emotional distress Muller must show (1) outrageous conduct by defendants; (2) the defendants intentionally caused, or recklessly disregarded the probability of causing, the emotional distress; (3) she suffered severe or extreme emotional distress; and (4) the defendants' outrageous conduct was the actual and proximate cause of the emotional distress. See Fuller v. Local Union No. 106, 567 N.W.2d 419, 423 (Iowa 1997).
Before defendants' conduct can be considered outrageous, it must be "so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." Id. It is not possible that Muller's warrantless arrest, based on probable cause, could be considered "extreme," "atrocious," or "utterly intolerable."
We conclude the district court properly granted defendants' motion for summary judgment.
AFFIRMED.
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