Riddle v. Riepe, No. 16-3131 (8th Cir. 2017)
Annotate this CaseAfter plaintiff was arrested and charged with hindering, obstructing, resisting, or otherwise interfering with Kansas City police officers in violation of Kansas City Ordinance 50-44(a), he filed suit against the arresting officers and police officials for various claims. The Eighth Circuit affirmed the district court's grant of summary judgment for defendants, holding that summary judgment on the malicious prosecution claim was proper where the officers had probable cause to arrest plaintiff; plaintiff's fabrication of evidence claim failed where any misleading impression the incident report may leave as to the order of events demonstrated at most negligence; and because plaintiff's 42 U.S.C. 1983 claim of fabrication of evidence was properly dismissed, the civil conspiracy claim based on the alleged fabrication also failed.
Court Description: Kelly, Author, with Gruender and Murphy, Circuit Judges] Civil case - Civil rights. The defendant police officers had probable cause to arrest plaintiff for violating Kansas City Ordinance Section 50-44(a) and the district court did not err in granting defendants' motion for summary judgment on plaintiff's malicious prosecution claim; reading the officers' report in the light most favorable to plaintiff, any misleading impression the report may have created demonstrated at most negligence and that is not sufficient to support a claim of fabrication of evidence; similarly, plaintiff's claim for manufacture of false evidence failed; because plaintiff's fabrication of evidence claim was properly dismissed, his civil conspiracy claim must also fail.
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