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Mick v. Raines

United States Court of Appeals, Eighth Circuit

March 5, 2018

Kerrie Gene Mick, Plaintiff- Appellant,
v.
Wes Raines; Harold Allison, Presiding; Garrett Brown, Deputy #711; Randy Simms, Presiding Commissioner; Larry King; David Parker, Jailer #723; Jason Keough; John Patterson, Deputy #712; Jeffrey Parton; Samuel Woolsey, Officer; Charlie Dawson, Defendants - Appellees, Jerry Ramos, Badge #601, Defendant, Bob Gray, Administrator; Wade Wilken, Defendants - Appellees, Robert Smock, Chief, Defendant, Porter Hensen, Sheriff; Ben Becerra, Sheriff; Lt. Devin Lacy, Defendants - Appellees, Dr. Paul B. Glynn, Defendant.

          Submitted: November 15, 2017

         Appeal from United States District Court for the Western District of Missouri - St. Joseph

          Before COLLOTON and GRUENDER, Circuit Judges, and HOLMES, [1] District Judge.

          HOLMES, District Judge.

         Plaintiff Kerrie Gene Mick appeals the judgment of the district court.[2]Three orders are before us on appeal. The first granted the motion to dismiss filed by Defendants Porter Hensen, Wade Wilken, Larry King, and Charlie Dawson and the motion to dismiss filed by Defendants Bob Gray, Harold Allison, Randy Simms, Ben Becerra, and Wes Raines. The second granted the motion for summary judgment filed by Defendants John Patterson, Garrett Brown, David Parker, and Jeffrey Parton. The third granted the motion for summary judgment filed by Defendants Samuel Woolsey, Jason Keough, and Devin Lacy. We affirm.

          I.

         The parties have disputed some of the facts of this case. Where there are factual disputes, we base the following summary on accounts provided by Mick. See Mettler v. Whitledge, 165 F.3d 1197, 1200 (8th Cir. 1999) ("When reviewing a grant or denial of summary judgment, this Court considers the evidence in the light most favorable to the nonmoving party and draws all reasonable inferences in that party's favor.").

         Mick was arrested without probable cause by officers who entered his mother's home without a warrant, permission, or probable cause. He was shocked with a Taser and subjected to physical force during that time. He was then transported by ambulance to Clinton County Jail.

         There, the jailers refused to call his mother to bring him his prescription medication. At booking, when Mick refused to remove a ring, he was taken to the ground, handcuffed, had his head beaten on the floor, was choked, and was punched in the kidneys. He screamed in pain and begged for help during this process. No medical attention was provided thereafter, and Mick was moved to the "drunk tank." There he was beaten on two other occasions, and his shoulder was slammed in the cell door, causing his arm to break. He requested medical attention and none was provided.

         Mick was then transferred to Daviess/DeKalb Regional Jail ("Regional Jail"). When officers arrived to transfer Mick, he complained of pain in his arm. Despite Mick's complaints, an officer shackled his arm to the wall of his cell. Mick stiffened and was then forced to the ground and put in wrist restraints. Mick again complained of pain and was given no medical attention. He was told to stand, but one of the officers stood on his manacles, making it impossible for him to get up, so officers again beat him. Mick was not taken to the hospital while en route to the Regional Jail. While being booked into the Regional Jail, Mick complained about his arm but was given no medical attention. He was placed into a cell, made repeated requests for medical attention, and was refused. He was instead handcuffed and placed on a mace-covered floor. When the shift changed, a sergeant noticed Mick's condition and called for medical assistance. All charges against Mick were dismissed by prosecuting attorneys.

         Mick brought suit in Missouri state court. The matter was subsequently removed to the United States District Court for Western District of Missouri. Mick asserted 42 U.S.C. § 1983 claims for use of excessive force, unreasonable search and seizure based on his arrest, failure to protect, conspiracy to deprive Mick of constitutional rights, unconstitutional policy, procedure, or widespread practice, and danger creation. Some defendants answered, and some filed motions to dismiss on the basis that the counts naming them were unsupported by factual allegations. Mick requested leave to amend his complaint, received it, and filed what was styled as an "amended complaint." Additional motions to dismiss were filed on the same basis as the previous motions, and were granted.

         Mick later filed a "second amended complaint, " which included additional claims for deliberate indifference to medical risk. Two motions for summary judgment were subsequently filed. The motions were granted on the basis that Mick was unable to show a dispute of fact with respect to whether unconstitutional misconduct was caused by official policy, unofficial custom, or failure to train or supervise. This appeal followed.

         II.

         Mick contends that the district court erred in entering an order granting the motion to dismiss filed by Defendants Hensen, Wilken, King, and Dawson and the motion to dismiss filed ...


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