774 F.2d 1029 (10th Cir. 1985), 84-1867, Karr v. Smith

Docket Nº:84-1867.
Citation:774 F.2d 1029
Party Name:Johnie F. KARR, Plaintiff-Appellant, v. Uniform Patrolman SMITH and Officer L.N.U. (Mark Lemon), Kansas City, Kansas, Police Department, Defendants-Appellees.
Case Date:October 11, 1985
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 1029

774 F.2d 1029 (10th Cir. 1985)

Johnie F. KARR, Plaintiff-Appellant,

v.

Uniform Patrolman SMITH and Officer L.N.U. (Mark Lemon),

Kansas City, Kansas, Police Department,

Defendants-Appellees.

No. 84-1867.

United States Court of Appeals, Tenth Circuit

October 11, 1985

J.R. Russell, Kansas City, Kan., for plaintiff-appellant.

Harold T. Walker, Asst. City Atty., Kansas City, Kan., for defendants-appellees.

Before BARRETT and SETH, Circuit Judges, and CHILSON [*], District Judge.

CHILSON, District Judge.

Pursuant to a stipulation of the parties, the trial court dismissed the action against the Defendant, City of Kansas City, Kansas.

The defendant, "Officer L.N.U., Kansas City, Kansas, Police Department", is identified

Page 1030

in the record as Mark Lemmon, a Police Officer of the Kansas City, Kansas Police Department.

On April 22, 1982, two Kansas City, Kansas, Police Officers, J.B. Smith and Mark Lemmon, were ordered by their superior officer, Sergeant Ronald Miller, to arrest the plaintiff-appellant, Karr, and book him into police headquarters on a charge of destruction of property.

J.B. Smith and Lemmon, on April 22, arrested Karr, took him to police headquarters, and booked him as ordered.

Approximately one year later, on April 19, 1983, Karr commenced this action pursuant to 42 U.S.C. Sec. 1983, alleging his arrest was unlawful and in violation of his constitutional rights and seeking money damages from officers Smith and Lemmon and the City of Kansas City.

Sergeant Miller, who ordered the arrest, was not named as a defendant.

A jury trial was commenced in the United States District Court for the District of Kansas on May 21, 1984. Following plaintiff's case-in-chief, the trial court granted the defendants' oral motion for a directed verdict and entered a judgment of dismissal of the action. Plaintiff appeals.

The relevant facts are undisputed. Plaintiff Karr was hired by Crown Leasing to operate a tractor trailer truck to haul liquid products on behalf of another trucking company, American Bulk Transport. On April 20, 1982, Karr drove his truck into Kansas City, Kansas carrying a load of toxic liquid material.

On the next day, April 21, 1982, Karr met his supervisor, Bill Barnett, and told him that he was going to quit if he did not get additional safety equipment, such as rubber boots and gloves, for handling the toxic material. Barnett declined to give Karr any additional equipment whereupon Karr quit. At Barnett's request, Karr parked the truck in the parking lot of the Kaw Valley Inn Motel in Kansas City, Kansas.

Shortly thereafter, on the same day, Karr telephoned American Bulk Transport and spoke with E.R. Miller regarding the balance due him for his work, amounting to approximately $1,500. An argument ensued between Karr and E.R. Miller and Karr became very angry.

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