Ricky Kearse v. Carl McBee
Docket: 01-2390
Court: Court of Appeals for the Eighth Circuit; November 22, 2002; Federal Appellate Court
Original Court Document: View Document
Ricky Kearse, an African American, appealed the dismissal and summary judgment on his 42 U.S.C. § 1983 claims against multiple law enforcement officials for alleged violations of his constitutional rights, including wrongful detention and arrest based on false charges. The appeal was heard by the Eighth Circuit Court, which affirmed some lower court decisions while reversing others. Kearse's claims included an allegation that Flippin Police Chief Frank DePriest had sought a warrant for his arrest related to false vehicle registration. The court agreed with the district court’s ruling that Kearse failed to demonstrate DePriest procured the warrant, thus summary judgment was affirmed. Kearse also contended that Marion County Investigator James D. Moffett Jr. used a false affidavit to arrest him for being a felon in possession of a firearm, and that Sheriff Carl McBee was involved in the arrest. Additionally, he claimed Presentence Officer Ed House submitted a misleading criminal history that contributed to his arrest. The district court dismissed House, citing state sovereign immunity and the timing of his report, and granted summary judgment to Moffett and McBee, reasoning that McBee could not be held vicariously liable for Moffett’s actions and that Moffett had arguable probable cause. Upon review, the Eighth Circuit upheld the dismissals of DePriest and House, and the summary judgment for McBee. However, it disagreed with the lower court regarding Moffett’s qualified immunity, stating that Moffett had insufficient justification for believing probable cause existed for Kearse’s arrest, as he was aware Kearse had been arrested but lacked confirmation of any conviction. The ruling emphasized the responsibility of officers to understand the distinction between arrest and conviction. The court reversed the grant of summary judgment for Moffett and remanded the case for further proceedings.