103798P.pdf   10/30/2012  William Royster  v.  Tommy Nichols
   U.S. Court of Appeals Case No:  10-3798
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Bye and Beam, Circuit Judges]
   Civil case - Civil rights. Defendant Nichols had probable cause to
   arrest plaintiff for the crime of theft of restaurant services; district 
   court did not err in granting Nichols summary judgment on plaintiff's claim
   that he used excessive force in handcuffing plaintiff; state law claims for
   unlawful imprisonment, negligence resulting and malicious prosecution
   failed as a matter of law because Nichols had probable cause to arrest
   plaintiff; plaintiff's vicarious liability claim against defendants Plaza
   Security and the Police Board failed as a matter of law because
   respondeat superior is inapplicable to Section 1983 claims; plaintiff's
   claims against these defendants for failure to train failed because
   defendants could not be liable for failure to train in the absence of an
   unconstitutional act by defendant Nichols; claims against restaurant and
   its employee failed because of the existence of probable cause for the
   arrest. Judge Beam, dissenting.