193058P.pdf   03/30/2021  Gary Jacobsen  v.  Michael Klinefelter
   U.S. Court of Appeals Case No:  19-3058
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Colloton, Author, with Arnold and Kelly, Circuit Judges] 
   Civil case - Civil rights. At the time the defendant law enforcement 
   officer used the force in dispute, he had probable cause to believe 
   plaintiff was trespassing; additionally, when defendant attempted to 
   remove plaintiff from the premises, plaintiff physically resisted, which 
   gave the officer probable cause to believe plaintiff had also committed 
   the offense of unlawfully resisting arrest or detention; the force used - 
   pepper spray to the face, a punch to the head and taking defendant to the 
   ground before handcuffing him - was not unreasonable; plaintiff cites no 
   authority in comparable circumstances that clearly establishes a right to 
   be free from this force, and the district court did not err in granting 
   defendant summary judgment based on qualified immunity; defendant was 
   entitled to official immunity on plaintiff's Missouri state law claims for 
   battery and negligent infliction of emotional distress as the record was 
   insufficient to show defendant acted with bad faith or malice. Judge 
   Kelly, concurring.