Darryl L. Riddle Plaintiff- Appellant
v.
Sergeant Timothy Riepe; Officer Richard Robinson, #4854; Officer John Doe; Alvin Brooks, in his official and individual capacities; Michael Rader, in his official and individual capacities; Angela Wasson-Hunt, in her official and individual capacities Defendants - Appellees David Kenner, in his official and individual capacities Defendant Sylvester "Sly" James, in his official and individual capacities; Darryl Forte, in his official and individual capacities Defendants - Appellees
Submitted: April 6, 2017
Appeal
from United States District Court for the Western District of
Missouri - Kansas City
Before
GRUENDER, MURPHY, and KELLY, Circuit Judges.
KELLY,
Circuit Judge.
Darryl
Riddle was arrested and charged with hindering, obstructing,
resisting, or otherwise interfering with Kansas City police
officers in violation of Kansas City Ordinance §
50-44(a). Riddle brought suit against the officers who
arrested and charged him, as well as against other Kansas
City police officials, stating claims for, inter
alia, malicious prosecution, fabrication of evidence,
and conspiracy. The district court[1] granted summary judgment in
favor of the defendants, and Riddle appeals. Finding no
reversible error, we affirm.
I.
Background
The
incident at issue occurred on October 12, 2013, and was
captured in substantial part by the officers' dashboard
video camera (dashcam). That evening, Kansas City Police
Officer Richard Robinson attempted to conduct a traffic stop
of Riddle's cousin, Jereal McKinney. Instead of
immediately pulling over, McKinney drove to Riddle's
house, parked in the driveway, and got out of his car.
Robinson approached McKinney on the passenger side of
McKinney's vehicle and took him to the ground. Seeing the
police lights, Riddle, Riddle's aunt, and one or two
other cousins exited the house. Riddle stood about ten feet
from Robinson and McKinney and watched as Robinson handcuffed
McKinney, walked him to his patrol car, and questioned him.
Officer Kyle Oldham arrived in a separate police car, exited
his vehicle, and approached the scene. Riddle testified that
he did not see Oldham, but he felt someone touch his left
pants pocket. Then, Riddle stepped back from Oldham, brought
his hands out from behind his back, and said, "Stop
touching me." Oldham replied, "I'm going to pat
you down" or "I'm trying to pat you down,
" and reached again for Riddle's pocket. Oldham
tried to grab Riddle's left arm, but Riddle pulled it
away. Riddle stated, "I'm at home" or
"This is my house, " and pulled away from Oldham
once more. Oldham explained, "You're out here, so I
have to pat you down; make sure you have nothing on
you." Riddle continued to step back from Oldham.
At that
point, a third officer, Sergeant Timothy Riepe, rushed over
to Oldham and Riddle and took Riddle to the ground. Riddle
was handcuffed and left standing in front of Robinson's
police car. Oldham, Robinson, and Riepe stepped outside of
the view of the dashcam and discussed what occurred. Riddle
testified that he heard parts of their conversation,
including comments about the angle of the camera, taking
Riddle to the ground, and arresting him. On the video, an
officer can be heard asking, "Did that guy give you any
shit?" Another officer responds, "He didn't
give me any shit. I didn't see him behind me until Kyle
started talking to him. I'd already gotten my guy cuffed
up and had him back on the bumper." At that point,
Robinson turned off the microphone and had a conversation
with Riepe about the charges Robinson intended to file
against Riddle.
That
evening, Robinson drafted an incident report, which in part
states:
After I gained control of Arrest 1 [McKinney] and walked him
to my patrol car Arrest 2 [Riddle] approached and took up a
position within an arms reach of me. PO Oldham . . . arrived
as back-up and he made contact with Arrest 2. During the
contact PO Oldham advised him that he was going to frisk him,
due to him refusing to leave and being in close proximity to
me and Arrest 1. During the attempted frisk Arrest 2 pulled
away from him and stated "I don't want you to touch
me[.]" PO Oldham explained to Arrest 2 the reason for
the frisk and attempted to frisk him again but he again
pulled away. Sgt Ripe (sic) . . . approached and used an
armbar to take him to the ground. Arrest 2 was handcuffed and
arrested for hindering and interfering.
Riddle
was charged with violating Kansas City Ordinance §
50-44(a), which in relevant part states: "Any person who
shall in any way or manner hinder, obstruct, molest, resist
or otherwise interfere with any city public safety officer .
. ., including, but not limited to . . . any officer of the
city police department . . . in the discharge of his/her
official duties shall be guilty of an ordinance
violation." Robinson drafted a General Ordinance
Summons, which recites the facts supporting the charge as:
Obstruct or resist public safety officer, employee, or
inspector - Did hinder, obstruct, molest, resist or otherwise
interfere with Kansas City Public Safety Officer, employee or
inspector in the discharge of his official duties, to wit:
Approach and come in close proxicimity (sic) to arresting
officer and arrest failing to comply with verbal commands of
officer.
The
charge against Riddle was not prosecuted and was eventually
dismissed. On October ...