John McGee v. Kevin Lindsey, et al
Filing
PER CURIAM OPINION FILED - THE COURT: Duane Benton, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4361422] [15-2959]
United States Court of Appeals
For the Eighth Circuit
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No. 15-2959
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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
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Appeal from United States District Court
for the Western District of Arkansas - Ft. Smith
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Submitted: January 26, 2016
Filed: January 29, 2016
[Unpublished]
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Before BENTON, BOWMAN, and KELLY, Circuit Judges.
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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.
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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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