John McGee v. Kevin Lindsey, et al


PER CURIAM OPINION FILED - THE COURT: Duane Benton, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4361422] [15-2959]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2959 ___________________________ John W. McGee lllllllllllllllllllll Plaintiff - Appellant v. Kevin D. Lindsey, Chief of Police, Fort Smith, Police Department; Detective Michael McCoy; Officer Josh Mixon; Officer Gary Hulsey lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Arkansas - Ft. Smith ____________ Submitted: January 26, 2016 Filed: January 29, 2016 [Unpublished] ____________ Before BENTON, BOWMAN, and KELLY, Circuit Judges. ____________ PER CURIAM. Appellate Case: 15-2959 Page: 1 Date Filed: 01/29/2016 Entry ID: 4361422 John McGee appeals after the District Court1 granted summary judgment to the defendants in McGee’s 42 U.S.C. § 1983 action claiming that he was unlawfully arrested. After de novo review, we conclude that the grant of summary judgment was proper because the evidence in the record, viewed in the light most favorable to McGee, and all reasonable inferences in McGee’s favor to be drawn therefrom establish beyond genuine dispute that his arrest was not unlawful. See Laganiere v. Cty. of Olmsted, 772 F.3d 1114, 1116 (8th Cir. 2014) (standard of review); see also Fisher v. Wal-Mart Stores, Inc., 619 F.3d 811, 816 (8th Cir. 2010) (discussing warrantless arrests under the Fourth Amendment standard). Accordingly, we affirm. ______________________________ 1 The Honorable Mark E. Ford, United States Magistrate Judge for the Western District of Arkansas, to whom the case was referred for final disposition by consent of the parties under 28 U.S.C. § 636(c). -2- Appellate Case: 15-2959 Page: 2 Date Filed: 01/29/2016 Entry ID: 4361422

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