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.
191860P.pdf 04/02/2020 Richard Thiel v. Stephen Korte
U.S. Court of Appeals Case No: 19-1860
U.S. District Court for the Eastern District of Missouri - Hannibal
[PUBLISHED] [Arnold, Author, with Gruender and Shepherd, Circuit Judges]
Civil case - Civil rights. A reasonable officer under the circumstances
presented could think the warrant to seize a vehicle included implicit
authorization to seize the keys to the vehicle; the second warrant in the
case authorized the seizure of any and all handguns in plaintiff's home,
and the seizure of antique handguns, guns in unopened boxes and holsters
was permitted as they were reasonably related to the suspected crime at
issue - discharge of a firearm at a visitor to defendant's home; warrant
was sufficiently particular; defendant Korte played no part in obtaining
or executing the warrant and plaintiff failed to allege Korte failed to
train or supervise his deputies and, as a result, Korte was entitled to
summary judgment on the claims against him in his individual capacity;
plaintiff failed to allege an actionable custom, and the court did not err
in granting Korte summary judgment on plaintiff's official capacity claim;
plaintiff had an adequate state court remedy to obtain return of the
seized items, and his due-process claim is rejected.