DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181324P.pdf 06/13/2019 Gregory Clark v. Austin Clark
U.S. Court of Appeals Case No: 18-1324
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Colloton,
Circuit Judge]
Civil case - Civil rights. Defendant police officer was entitled to
qualified immunity on claim that his actions during an initial encounter
with plaintiff violated plaintiff's civil rights; the encounter was
consensual and involved no coercion or restraint of liberty; even if the
encounter was not consensual, the defendant officer had reasonable and
articulable suspicion that warranted the intrusion; a second encounter,
where officers, with guns drawn, ordered defendant from his vehicle after
he stopped voluntarily, the defendant officer was entitled to qualified
immunity because plaintiff's seizure was supported by a reasonable and
articulable suspicion that criminal activity was afoot; under the
circumstances, pointing a firearm at plaintiff for a few seconds before
removing him from his vehicle did not constitute excessive force and
violate the Fourth Amendment; with respect to plaintiff's equal protection
claim, he has not provided sufficient evidence to raise a fact question as
to whether he was singled out for investigation based on his race; First
Amendment retaliation claim rejected. Chief Judge Smith, concurring.