DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
173588P.pdf 02/14/2019 David Kasiah v. Gilbert Carter
U.S. Court of Appeals Case No: 17-3588
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [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.