Kasiah v. Crowd Systems, Inc., No. 17-3588 (8th Cir. 2019)
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The Eighth Circuit affirmed the district court's grant of summary judgment to an off-duty police officer and the board of police commissioners in a 42 U.S.C. 1983 action. Plaintiff, a concertgoer, filed suit after he was injured when the officer lifted him over a five foot barrier and dropped him on his neck.
The court held that no reasonable jury could find that the officer used excessive force when grabbing plaintiff, lifting him over the barrier, and throwing him to the ground. In this case, the officer had probable cause to arrest plaintiff for disorderly conduct and the officer's actions were reasonable in light of the circumstances. The court also held that the officer was entitled to immunity as to the state law claims under Missouri's doctrine of official immunity. Finally, because there was no constitutional violation, the board was not liable for the officer's actions.
Court Description: Melloy, Author, with Smith, Chief Judge, and Stras, Circuit Judge] Civil case - Civil rights. Concert-goer injured when an off-duty police officer pulled him over a five-foot barrier sued alleging wrongful arrest and use of excessive force in violation of his constitutional rights; the district court did not err in determining that the officer's acts in grabbing plaintiff, lifting him over the barrier and throwing him to the ground did not constitute excessive force, as no reasonable jury could the officer's acts were objectively unreasonable; the officer had previously determined that he had probable cause to arrest plaintiff for disorderly conduct and the actions taken were reasonable attempts to control and detain plaintiff; the officer was entitled to immunity on plaintiff's state law claims for assault and battery and general negligence under Missouri's doctrine of official immunity; the Kansas City Board of Police Commissioner could not be held liable for the officer's actions in the absence of any constitutional violation by the officer.
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