Kearse v. Moffett, 01-2390.
| Decision Date | 22 November 2002 |
| Docket Number | No. 01-2390.,01-2390. |
| Citation | 311 F.3d 891 |
| Parties | Ricky KEARSE, also known as Ricky Taylor, Appellant, v. James D. MOFFETT, Jr., Investigator, Marion County Sheriff's Office; Carl McBee, Sheriff, Marion County, Arkansas; Frank DePriest, Chief of Police, Flippin, Arkansas; Ed House, Presentence Officer for Marion County, Arkansas, Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Ricky Kearse, pro se.
Thomas N. Kieklak, North Little Rock, AR, for appellees Depriest and City of Flippin, AR.
Stephen Holt, Little Rock, AR, for Marion County appellees.
Before HANSEN, Chief Judge, BRIGHT, and FAGG, Circuit Judges.
Ricky Kearse, an African American, appeals the district court's orders dismissing and granting adverse summary judgment on his 42 U.S.C. § 1983 claims that defendants violated his federal constitutional rights by repeatedly detaining, searching, and arresting him on a variety of false charges in predominantly white Marion County, and that they conspired to do so. We affirm in part and reverse and remand in part.
Kearse alleged that in August 1997, Flippin (Arkansas) Police Chief Frank DePriest requested a warrant for his arrest on charges of falsely registering a vehicle. The district court granted summary judgment to DePriest. After de novo review, we agree with the district court that Kearse had not shown DePriest procured the warrant, and conclude summary judgment was proper.
Kearse also alleged that, on the basis of a false affidavit sworn by Marion County Investigator James D. Moffett, Jr., he was arrested in February 1997 for being a felon in possession of a firearm; that Marion County Sheriff Carl McBee was personally involved in the arrest; and that Marion County Presentence Officer Carl House contributed to the arrest by knowingly submitting a false criminal history worksheet on Kearse. The district court dismissed House, concluding that, as a state employee, House was protected by the state's sovereign immunity, and that, at any rate, House had submitted the worksheet after Kearse was charged, so that it played no part in the probable-cause determination. The court granted summary judgment to Moffett and McBee, concluding that McBee could not be vicariously liable for Moffett's acts; that McBee's alleged lowering of Kearse's bail was not material to Kearse's claims; and that Moffett was entitled to qualified immunity because he had arguable probable cause to believe Kearse was a felon, based on information Moffett obtained from California authorities that Kearse had a felony arrest in that state.
After de novo review, see Gordon v. Hansen, 168 F.3d 1109, 1113 (8th Cir.1999) (per curiam) (dismissals); Rouse v. Benson, 193 F.3d 936, 939 (8th Cir.1999) (summary judgment); Winters v. Adams, 254 F.3d 758, 766 (8th Cir.2001) (), we...
To continue reading
Request your trial
-
Lawrence v. City of St. Paul
...a 'meeting of the minds' among the alleged conspirators." Murray v. Lene, 595 F.3d 868, 870 (8th Cir.2010) (quoting Kearse v. Moffett, 311 F.3d 891, 892 (8th Cir.2002)). A private party does not conspire with governmentactors for purposes of § 1983 merely by "invoking an exercise of the sta......
-
Pitts v. City Of Cuba
...of the minds' among the alleged conspirators." Murray v. Lene, 595 F.3d 868, 870 (8th Cir. 2010) (quoting Kearse v. Moffett, 311 F.3d 891, 892 (8th Cir. 2002) (per curiam)). In the Complaint in this case, the only references to a conspiracy with respect to either Defendant Martin or Defenda......
-
Georgeoff v. Barnes
...of the minds' among the alleged conspirators." Murray v. Lene, 595 F.3d 868, 870 (8th Cir. 2010) (quoting Kearse v. Moffett,311 F.3d 891, 892 (8th Cir. 2002) (per curiam)). "It is well settled that conclusory allegations of a conspiracy are insufficient to state a claim under § 1985(3). The......
-
Pitts v. City of Cuba
...of the minds' among the alleged conspirators." Murray v. Lene, 595 F.3d 868, 870 (8th Cir. 2010) (quoting Kearse v. Moffett, 311 F.3d 891, 892 (8th Cir. 2002) (per curiam)). "It is well settled that conclusory allegations of a conspiracy are insufficient to state a claim under § 1985(3). Th......