Royster v. Nichols, et al, No. 10-3798 (8th Cir. 2012)
Annotate this CasePlaintiff filed an eight-count second amended complaint against a police officer; the Kansas City Board of Police Commissioners, an individual, Kona Grill, and Plaza Security, asserting a variety of federal and state claims arising out of his arrest at the Kona Grill. The court concluded that plaintiff's refusal to sign his bar tab gave the officer probable cause to arrest him for theft of restaurant services; the district court correctly granted summary judgment to the officer on plaintiff's excessive-force claim; and plaintiff's state-law claims against the officer failed as a matter of law because the officer had probable cause to arrest plaintiff. The court also held that plaintiff's remaining claims failed as a matter of law. Accordingly, the court affirmed the judgment.
Court Description: Civil case - Civil rights. Defendant Nichols had probable cause to arrest plaintiff for the crime of theft of restaurant services; district court did not err in granting Nichols summary judgment on plaintiff's claim that he used excessive force in handcuffing plaintiff; state law claims for unlawful imprisonment, negligence resulting and malicious prosecution failed as a matter of law because Nichols had probable cause to arrest plaintiff; plaintiff's vicarious liability claim against defendants Plaza Security and the Police Board failed as a matter of law because respondeat superior is inapplicable to Section 1983 claims; plaintiff's claims against these defendants for failure to train failed because defendants could not be liable for failure to train in the absence of an unconstitutional act by defendant Nichols; claims against restaurant and its employee failed because of the existence of probable cause for the arrest. Judge Beam, dissenting.
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