071002P.pdf   02/26/2008  Theodore W. White, Jr.  v.  Detective McKinley
   U.S. Court of Appeals Case No:  07-1002
                          and No:  07-1166
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Bye and Bowman, Circuit Judges]
   Civil case - civil rights. There was sufficient evidence to create a
   genuine dispute as to whether defendant Richard McKinley acted in bad
   faith when he investigated plaintiff on child molestation charges and
   failed to preserve and produce exculpatory evidence while engaging in a
   relationship with plaintiff's wife, and the district court did not err in
   denying McKinley's motion for summary judgment based on a claim of
   qualified immunity; a determination that a constitutional violation could
   be proven on plaintiff's due process claim also defeats defendant's
   qualified immunity defense on plaintiff's conspiracy claim; in this
   interlocutory appeal, the court did not have jurisdiction to hear defendant
   Tina McKinley's appeal on the issue of whether the district court erred in
   denying her motion for summary judgment on plaintiff's claims for false
   arrest and malicious prosecution; evidence was sufficient to create a jury
   issue as to whether Tina McKinley conspired with Richard McKinley to
   deny plaintiff's civil rights, and the district court did not err in denying
   her motion for summary judgment.
  
071002P.pdf   01/30/2008  Theodore W. White, Jr.  v.  Detective McKinley
   U.S. Court of Appeals Case No:  07-1002
                          and No:  07-1166
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Bye and Bowman, Circuit Judges]
   Civil case - civil rights. There was sufficient evidence to create a
   genuine dispute as to whether defendant Richard McKinley acted in bad
   faith when he investigated plaintiff on child molestation charges while
   engaging in a relationship with plaintiff's wife, and the district court did
   not err in denying defendant's motion for summary judgment based on a
   claim of qualified immunity; a determination that a constitutional
   violation could be proven on plaintiff's due process claim also defeats
   defendant's qualified immunity defense on a conspiracy claim; court did
   not have jurisdiction to hear defendant Tina McKinley's appeal on the
   issue of whether the district court erred in denying her motion for
   summary judgment on plaintiff's claims for false arrest and malicious
   prosecution; evidence was sufficient to create a jury issue as to whether
   Tina McKinley conspired with Richard McKinley to deny plaintiff's civil
   rights, and the district court did not err in denying her motion for
   summary judgment.