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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.