Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jacobsen v. Cass County

United States District Court, W.D. Missouri, Western Division

August 28, 2019

GARY JACOBSEN and AUTO ONE INC., Plaintiffs,
v.
CASS COUNTY, MISSOURI SHERIFF JEFF WEBER and MICHAEL KLINEFELTER, Defendants.

          ORDER

          NANETTE K. LAUGHREY United States District Judge

         Defendants 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.

         I. Uncontroverted Facts [1]

         Defendant 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.

         On June 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.

         On the 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. 7.

         What 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.

         It is uncontested that, after the dispute concerning the proper identification, Klinefelter permitted Jacobsen to try to locate a manager. Id., Tr. 72:18-24.

         At some 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.

         The 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.

         Jacobsen 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 anywhere.”).

         There 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, ¶ 11.

         Rhoads 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.

         At his 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.