BURGETT v. Patrick McInerney, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, and in his individual capacity; Alvin Brooks, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, and in his individual capacity; Angela Wasson-Hunt, in her official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, and in her individual capacity; Lisa Pelofsky, in her official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, and in her individual capacity; Mayor Sly James, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, and in his individual capacity; Michael Rader, Current Board Commissioner, Board of Police Commissioner City of Kansas City, Defendants (2018)

United States Court of Appeals, Eighth Circuit.

Charles L. BURGETT, Plaintiff-Appellant v. KANSAS CITY BOARD OF POLICE COMMISSIONERS, Defendant Shelia Porter; Virgil Lienhard; Kansas City Area Transportation Authority; Police Officer Brent Cartwright, Defendants-Appellees Patrick McInerney, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, and in his individual capacity; Alvin Brooks, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, and in his individual capacity; Angela Wasson-Hunt, in her official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, and in her individual capacity; Lisa Pelofsky, in her official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, and in her individual capacity; Mayor Sly James, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, and in his individual capacity; Michael Rader, Current Board Commissioner, Board of Police Commissioner City of Kansas City, Defendants

No. 16-4105

Decided: January 19, 2018

Before BENTON, BOWMAN, and KELLY, Circuit Judges.

Charles L. Burgett, Pro Se Douglas M. McMillan, City Attorney's Office, Kansas City, MO, Chad Aaron Stewart, Edelman & Thompson, Kansas City, MO, for Defendants-Appellees Shelia Porter, Virgil Lienhard, Kansas City Area Transportation Authority Emily Ann Dodge, Joel B. Reschly, Assistant Attorney General, Attorney General's Office, Jefferson City, MO, for Defendant-Appellee Police Officer Brent Cartwright

[Unpublished]

Charles L. Burgett appeals the district court’s ¹ adverse grant of summary judgment, following remand, in his 42 U.S.C. § 1983 action arising from an incident on a Kansas City Area Transportation Authority bus. Upon careful consideration of Burgett’s arguments for reversal, and de novo review of the record, see Murchison v. Rogers, 779 F.3d 882, 886-87 (8th Cir. 2015) (viewing evidence in light most favorable to nonmovant, and drawing all reasonable inferences in his favor), we agree with the district court that the remaining defendants satisfied their burden of demonstrating that there were no genuine issues of material fact for trial on Burgett’s Fourth Amendment and related conspiracy claims, or on his 42 U.S.C. § 2000d claim, against them. The judgment is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law