Mick v. Raines, No. 17-1644 (8th Cir. 2018)Annotate this Case
Plaintiff filed suit against defendants, alleging claims under 42 U.S.C. 1983 for use of excessive force, unreasonable search and seizure based on his arrest, failure to protect, conspiracy to deprive him of constitutional rights, unconstitutional policy, procedure, or widespread practice, and danger creation. The Eighth Circuit affirmed the district court's order granting the motion to dismiss by individual defendants where plaintiff made no allegations that these defendants had knowledge of unconstitutional acts by subordinates nor did he make any allegations from which such knowledge could be inferred. Furthermore, the district court previously dismissed the same claims on the grounds that they were conclusory and not supported by factual allegations. The court also held that the district court did not err in granting summary judgment to other defendants, named only in their official capacities, and in concluding the record lacked sufficient facts necessary to impose liability on a municipality.