Brian Campbell v. City of Concordia, et al

Filing

PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4453673-2] Granting motion to proceed on appeal in forma pauperis filed by Appellant Mr. Brian Kyle Campbell, I. [4482081] [16-3671]

United States Court of Appeals
For the Eighth Circuit
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No. 16-3671
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Brian Campbell
lllllllllllllllllllll Plaintiff - Appellant
v.
City of Concordia; Concordia Police Department; Aaron Rucker, Police Officer;
Jim Lynn, Police Chief
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: December 6, 2016
Filed: December 21, 2016
[Unpublished]
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Before SHEPHERD, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Brian Campbell appeals after the District Court dismissed his pro se 42 U.S.C.
§ 1983 complaint for lack of subject matter jurisdiction. After careful review, we
conclude that Campbell’s claim that he was arrested without probable cause
established a basis for jurisdiction. See 28 U.S.C. § 1331 (“The district courts shall

Appellate Case: 16-3671

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Date Filed: 12/21/2016 Entry ID: 4482081

have original jurisdiction of all civil actions arising under the Constitution, laws, or
treaties of the United States.”); 42 U.S.C. § 1983 (providing that every person acting
under color of state law may be held liable for depriving another of constitutional
rights); Hannah v. City of Overland, 795 F.2d 1385, 1389 (8th Cir. 1986) (“[A]
warrantless arrest without probable cause violates an individual’s constitutional rights
under the Fourth and Fourteenth Amendments.”). Accordingly, we reverse the
dismissal of Campbell’s complaint, and we remand the case to the District Court for
further proceedings. We also grant Campbell’s pending motion for leave to appeal in
forma pauperis.
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Appellate Case: 16-3671

Page: 2

Date Filed: 12/21/2016 Entry ID: 4482081