Submitted: November 15, 2017
from United States District Court for the Western District of
Missouri - St. Joseph
COLLOTON and GRUENDER, Circuit Judges, and HOLMES,  District
HOLMES, District Judge.
Kerrie Gene Mick appeals the judgment of the district
court.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.
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
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.
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.
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.
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.
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.
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 ...