BELL v. NEUKIRCH

No. 19-1713.

979 F.3d 594 (2020)

Tyree BELL, Plaintiff-Appellant, v. Officer Peter NEUKIRCH, in his individual capacity; Officer Jonathan Munyan, in his individual capacity; Detective John Mattivi, in his individual capacity, Defendants-Appellees. Sergeant John Doe, I, in his individual and official capacities; Captain John Doe, II, in his individual and official capacities; John Doe, III, in his individual and official capacities; Darryl Forte, in his former official capacity as Police Chief of the Kansas City, Missouri Police Department, Defendants. Leland Shurin, in his official capacity as President and a member of the Board of Police Commissioners of Kansas City, Missouri, Defendant-Appellee. Angela Wasson-Hunt, in her official capacity as Treasurer and a member of the Board of Police Commissioners of Kansas City, Missouri; Michael Rader, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, Defendants. Nathan F. Garrett, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri; Mayor Sylvester "Sly" James, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri; Luis Ortiz, in his individual and official capacities; Richard C. Smith, Police Chief of the Kansas City, Missouri Police Department; Mark Tolbert, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri; Don Wagner, in his official capacity as a member of the Board of Police Commissioners of Kansas City, Missouri, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 28, 2020.


Attorney(s) appearing for the Case

Arthur A. Benson II , Law Office of Arthur Benson II, Kansas City, MO, argued ( Jamie Kathryn Lansford , on the brief), for plaintiff-appellant.

Peter T. Reed , Asst. Atty. Gen., Jefferson City, MO, argued ( Eric S. Schmitt , Atty. Gen., Jefferson City, MO, Diane Peters , Asst. Atty. Gen., Kansas City, MO, on the brief), for defendants-appellees.

Before SMITH, Chief Judge, COLLOTON and STRAS, Circuit Judges.


About seven minutes after a black juvenile male with a gun fled from police in Kansas City, Missouri, officers arrested Tyree Bell a mile away from the scene. Bell and the suspect shared only generic characteristics in common: black, juvenile, and male. Bell, however, had several characteristics distinct from the suspect: he...

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