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.
193058P.pdf 03/30/2021 Gary Jacobsen v. Michael Klinefelter
U.S. Court of Appeals Case No: 19-3058
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Colloton, Author, with Arnold and Kelly, Circuit Judges]
Civil case - Civil rights. At the time the defendant law enforcement
officer used the force in dispute, he had probable cause to believe
plaintiff was trespassing; additionally, when defendant attempted to
remove plaintiff from the premises, plaintiff physically resisted, which
gave the officer probable cause to believe plaintiff had also committed
the offense of unlawfully resisting arrest or detention; the force used -
pepper spray to the face, a punch to the head and taking defendant to the
ground before handcuffing him - was not unreasonable; plaintiff cites no
authority in comparable circumstances that clearly establishes a right to
be free from this force, and the district court did not err in granting
defendant summary judgment based on qualified immunity; defendant was
entitled to official immunity on plaintiff's Missouri state law claims for
battery and negligent infliction of emotional distress as the record was
insufficient to show defendant acted with bad faith or malice. Judge
Kelly, concurring.