141425P.pdf   03/23/2015  Allan Rodgers  v.  Daniel Knight
   U.S. Court of Appeals Case No:  14-1425
                          and No:  14-1454
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Colloton, Author, with Murphy and Kelly, Circuit Judges] 
   Civil case - Civil rights. Prosecutors had absolute immunity for filing a 
   criminal charge against plaintiff Greg Rodgers and the officers were 
   entitled to qualified immunity for recommending an unlawful use of weapons 
   charge; officers were entitled to qualified immunity on charge they 
   violated plaintiff's rights by seeking a search warrant; search was 
   reasonable and officers were entitled to qualified immunity for the scope 
   of the search; officers were entitled to hold the weapons as evidence and 
   returned them within a reasonable time after the close of the criminal 
   proceedings; plaintiffs' Second Amendment claims were correctly dismissed 
   as lawful seizure and retention of weapons does not violate the Second 
   Amendment; officers were entitled to qualified immunity on claim they 
   seized the weapons in retaliation for plaintiff's exercise of his First 
   Amendment rights since they had probable cause to arrest plaintiff and 
   seize his weapons; failure to train and instruct claims against the City 
   of Columbia and Boone County rejected; claim that a senior judge cannot 
   preside over the case is foreclosed by Eighth Circuit precedent, and claim 
   the judge should have recused was raised for the first time on appeal and 
   would not be considered. With respect to plaintiff Franklin's appeal, the 
   officers had probable cause to seek a warrant and arrest him and were 
   entitled to qualified immunity; guns seen in plain view during the 
   execution of a "drug warrant" could be seized as tools of the drug trade 
   and evidence of the offense; weapons could be retained for evidence 
   purposes; First Amendment retaliation claim was properly dismissed as the 
   officers had probable cause to arrest defendant; failure to train claims 
   were properly dismissed.