Brian Campbell v. City of Concordia, et al


PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Pasco M. Bowman and Jane Kelly (UNPUBLISHED) [4453673-2] Granting motion to proceed on appeal in forma pauperis filed by Appellant Mr.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

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3671 ___________________________ Brian Campbell lllllllllllllllllllll Plaintiff - Appellant v. City of Concordia; Concordia Police Department; Aaron Rucker, Police Officer; Jim Lynn, Police Chief lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: December 6, 2016 Filed: December 21, 2016 [Unpublished] ____________ Before SHEPHERD, BOWMAN, and KELLY, Circuit Judges. ____________ 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 Page: 1 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. ______________________________ -2- Appellate Case: 16-3671 Page: 2 Date Filed: 12/21/2016 Entry ID: 4482081

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