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.
223540P.pdf 12/22/2023 Allen Bloodworth, II v. Kansas City Board of Police Commissioners
U.S. Court of Appeals Case No: 22-3540
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Loken, Author, with Wollman and Benton, Circuit Judges]
Civil case - Civil rights. In this action plaintiff alleges the Kansas
City Board of Police Commissioners, acting through its board members and
with the assistance of fourteen police officers, stopped him from
operating his two businesses and kept him from conducting business with
the City. The district court issued dismissal orders and then granted
summary judgment to a group of police officers and officer Lemon; with
respect to the group of officers they were entitled to official immunity
for their acts in carrying out their responsibilities as police officers,
and the district court properly dismissed plaintiff's state law claims
against them. With respect to defendant Lemon, he was entitled to summary
judgment on plaintiff's defamation claim concerning statements he made to
plaintiff in a phone call, as he did not publish the statements himself
and had no reason to believe they would be communicated to a third party;
defendant Lemon was entitled to summary judgment on plaintiff's tortious
interference claims as there was no evidence defendant took any part in
the filing of forgery charges against plaintiff, and plaintiff had failed
to identify any expectancies which were harmed; no error in granting
summary judgment to Lemon on plaintiff's assault count based on statements
made over the phone; no error in granting Lemon summary judgment on
plaintiff's claim for intentional infliction of emotional distress as
Lemon's conduct, while ill-considered, was not so extreme and outrageous
as to qualify as intentional infliction under Missouri law; with respect
to plaintiff's federal claims, the court summarily affirms every Section
1983 action against a defendant whose conduct was not specifically linked
to that particular alleged violation; neither plaintiff's claim that
defendants conducted a campaign against his business nor his claim of
excessive force and unreasonable search and seizure established a
constitutional violation; officers reasonably believed plaintiff's dog
constituted an imminent danger to them when they shot the dog; claim
defendants engaged in intentional Fourth Amendment violations by acting
together to render plaintiff unable to conduct his business rejected;
claim four defendant failed to properly supervise the officers must fail
where the court finds no constitutional violation by the supervised
officers; similarly, there is no Monell liability for the Board and its
members.