RIGGS v. GIBBS

No. 22-1876.

66 F.4th 716 (2023)

Micah B. RIGGS, Plaintiff-Appellant v. Robert GIBBS, in his official capacity as a Kansas City, Missouri Police Department Officer, and, as an individual, Defendant-Appellee David Barbour, in his official capacity as a Kansas City, Missouri Police Department Officer, and, as an individual; Michael Feagans, in his official capacity as a Kansas City, Missouri Police Department Officer, and, as an individual; Alan Whaley, in his official capacity as a Kansas City, Missouri Police Department Officer, and, as an individual; Brad Dumit, in his official capacity as a Kansas City, Missouri Police Department Officer, and, as an individual, Defendants Chris Onik, in his official capacity as a Kansas City, Missouri Police Department Officer, and, as an individual; Teddy Taylor, in his official capacity as a Kansas City, Missouri Police Department Officer, and, as an individual; Christopher Toigo, in his official capacity as a Kansas City, Missouri Police Department Officer, and, as an individual, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 26, 2023.


Attorney(s) appearing for the Case

John R. Dedon , Kennyhertz Perry, LLC, Mission Woods, KS, argued, for plaintiff-appellant.

Nicolas J. Taulbee , Asst. Atty, Gen., Kansas City, MO, argued ( Eric S. Schmitt , Atty. Gen., Jefferson City, MO, on the brief), for defendants-appellees.

Before KELLY, ERICKSON, and STRAS, Circuit Judges.


On October 3, 2012, law enforcement officers conducted a warrantless search at Micah Riggs' business, Coffee Wonk, seizing $460 in cash and what officers believed to be "K2"—synthetic marijuana. According to Riggs' amended complaint, he was charged in state court on three counts: (1) intent to create a controlled...

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