United States District Court, W.D. Missouri, Western Division
NANETTE K. LAUGHREY United States District Judge
Cass County, Missouri, Sheriff Jeff Weber, and Deputy Sheriff
Mike Klinefelter move for summary judgment dismissing all of
the claims against them. Doc. 40. For the reasons set forth
below, Defendants' motion is granted.
Uncontroverted Facts 
Michael Klinefelter is a Deputy Sheriff in Cass County,
Missouri. Doc. 41 (Defendants' Suggestions in Support of
Summary Judgment), p. 10-11; Doc. 47 (Plaintiffs'
Suggestions in Opposition to Defendants' Motion for
Summary Judgment), p. 4.
27, 2017, Klinefelter was working “extra duty” at
the ADESA Auto Auction in Belton, Missouri in his capacity as
a Cass County Sheriff's Deputy. Doc. 41, p. 11; Doc. 47,
p. 5. ADESA also contracted with third-party security
companies to provide unarmed security, such as Candice
Giles-Rucker, who was working security at the front entrance
of ADESA on June 27, 2017. Doc. 41, p. 11; Doc. 47, p. 5.
ADESA gave instructions to Cass County Sheriff Deputies,
including Klinefelter, to protect ADESA employees and
property. Doc. 41, p. 11-12; Doc. 47, p. 5. ADESA also
instructed the Sheriff Deputies as to who would be authorized
to attend the ADESA Auto Auction. Doc. 41, p. 11-12; Doc. 47,
p. 5. The “auction access card” authorized
dealers to enter the ADESA premises on auction days. Doc. 41,
p. 11-12; Doc. 47, p. 5. However, in order for an authorized
dealer to participate in the auction, the dealer would need
to obtain a “bidder badge” for the day's
auction. Doc. 41, p. 11-12; Doc. 47, p. 5. A “bidder
badge” could be obtained electronically from a
kiosk/machine on the ADESA premises or from one of the ADESA
clerks. Doc. 41, p. 11-12; Doc. 47, p. 5.
morning of June 27, 2017, Jacobsen entered the ADESA Auto
Auction building; private security officer Candice
Giles-Rucker was at the front door and requested that
Jacobsen show his Access Badge. Doc. 41, p. 13; Doc. 47, p.
happened next is in dispute. However, multiple sworn
statements by ADESA agents substantiate Klinefelter's
claims that Jacobsen refused to show Klinefelter the
requisite badge and refused to comply with multiple
directives by Klinefelter, including instructions to leave
and to cease resisting. See Doc. 41-5 (Affidavit of
Candace Giles-Rucker), ¶¶ 5, 7, 8, 10 (stating that
Jacobsen refused to show Klinefelter his badge, refused to
leave, and hit Klinefelter in the head area); Doc. 41-6
(Declaration of Witness Deborah Cowans), ¶ 5
(“Deputy Klinefelter stepped in and requested Mr.
Jacobsen's [sic] show the correct Auction Access
Card or his daily bid badge, Mr. Jacobsen appeared to ignore
his multiple requests and continued walking past him towards
the auction arena.”); Doc. 41-9 (Declaration of Witness
Lisa Shifferdecker), ¶¶ 3, 5-6 (“On June 27,
2017, I was walking towards the Accounting Office when I saw
Deputy Klinefelter telling a man (now known to be Gary
Jacobsen) to leave the facility. . . . Mr. Jacobsen would not
obey the commands of the Deputy. It appeared to me that
Deputy Klinefelter motioned multiple times for Mr. Jacobsen
to leave that area of the building by motioning towards the
entry doors. Mr. Jacobsen, seemed to me, to resist or ignore
the Deputy and continued to walk towards his unknown
destination.”); Doc. 41-10 (Declaration of Witness Paul
Dewet), ¶¶ 5, 7-8 (stating that Klinefelter
repeatedly told Jacobsen not to go into a restricted area,
and Jacobsen repeatedly ignored him); Doc. 41-11 (Declaration
of Witness Tricia Schiefelbusch), ¶¶ 4-5 (“I
recall the Deputy following behind a man stating something to
the effect of, ‘Sir, I need to see your access
card,' on multiple occasions, and then asked the man to
leave. Mr. Jacobsen appeared to me to not respond to the
Deputy's request.”). Jacobsen also acknowledged
that video shows Klinefelter “stepping in front
of” Jacobsen and “pointing towards the front of
the auction house.” Doc. 41-12 (Deposition of Gary Ray
Jacobsen, dated March 5, 2019), Tr. 71:25-72:4.
uncontested that, after the dispute concerning the proper
identification, Klinefelter permitted Jacobsen to try to
locate a manager. Id., Tr. 72:18-24.
point, however, when Jacobsen's efforts to find a manager
were unsuccessful, Klinefelter, according to Jacobsen, tried
to “physically remove Jacobsen” and Jacobsen
“shoved him off because [Jacobsen] had just had a
vasectomy and [Jacobsen] had told [Klinefelter].”
Id., Tr. 84:6-12.
gentlemen engaged in a physical altercation. The video
evidence does not show the beginning of the altercation, and
the parties dispute how the altercation began. However,
Rucker stated that she saw Jacobsen, whom she suspected to be
“under the influence of some sort of drug” or
otherwise “intoxicated, ” “take a swing at
Deputy Klinefelter hitting him somewhere in the head area,
” and then a “[a] fight began between the two of
them, and Mr. Jacobsen was throwing Deputy Klinefelter around
like a rag doll.” Doc. 41-5, ¶¶ 9-10. Another
ADESA witness stated, “When I rounded the corner, I saw
the Deputy with Mr. Jacobsen up against the wall. The Deputy
told him to ‘Stop!' and Mr. Jacobsen continued to
struggle and was trying to escape.” Doc. 41-8
(Declaration of Witness Kevin Rhoads), ¶¶ 9-12.
does not deny that Klinefelter warned Jacobsen that he would
use his pepper spray if Jacobsen did not leave. Doc. 41, pp.
14-15; Doc. 47, p. 9 (denying only that Jacobsen cursed at
Klinefelter). Klinefelter in fact attempted to spray
Jacobsen. Klinefelter claims that the spray malfunctioned.
Rhoads similarly stated that Klinefelter “attempted to
pepper spray Mr. Jacobsen when the can fizzled . . . .”
Doc. 41-8, ¶ 11; see also Doc. 41-5
(“Deputy Klinefelter had just gotten his pepper spray
from his belt and Mr. Jacobsen snatched it out of his hand
and tried to spray it. It did not appear to go
is no dispute that Jacobsen grabbed the pepper spray from
Klinefelter's hand. Doc. 47, p. 9. Jacobsen says he
believed that Klinefelter attempted to intentionally spray
his eye, and therefore “defensively reached for the
hand in which [Klinefelter] had the pepper spray against
Jacobsen's face and took the pepper spray can out of
[Klinefelter]'s hand.” Doc. 47, p. 9. Rucker states
that “Deputy Klinefelter had just gotten his pepper
spray from his belt” when “Mr. Jacobsen snatched
it out of his hand and tried to spray it.” Doc. 41-5,
stated that Jacobsen continued to “refuse to obey the
Deputy's commands to get down on the ground.” Doc.
41-8, ¶ 12. Similarly, Schiefelbusch stated that, after
the altercation began, Jacobsen “was not complying with
the Deputy's requests” and the two men “were
grabbing each other . . . .” Doc. 41-11, ¶ 10.
Even Jacobsen acknowledged that he “had Deputy
Klinefelter at one point pinned up against the wall, ”
and “was resisting.” Doc. 41-12, Tr. 85:16-86:24.
However, Jacobsen claimed he was “fight[ing]”
“[b]ecause [he] was assaulted” and he was merely
“defending [him]self.” Id.
deposition, Jacobsen stated that, to his knowledge, the only
force that Klinefelter used against him was “his hands
and/or pepper spray.” Doc. 47-13, Tr. 87:6-9. Later in
that same deposition, however, Jacobsen stated, “he
might have kneed me in the leg or what have you.”
Id., Tr. 147:22-148:5. In his papers opposing
summary judgment, however, Jacobsen asserts (with citations
that do not ...