ST. LOUIS — The 8th Circuit Court of Appeals has affirmed a judgment in favor of Kansas City police officers in a lawsuit brought by a man charged with resisting arrest in October 2013.

According to the ruling, the arrest of plaintiff Darryl Riddle outside his home was captured on dashcam video. Riddle became involved in an incident in which his cousin, Jereal McKinney, was being pursued in traffic when instead of pulling over, McKinney drove to Riddle's house, parked in the driveway and exited his vehicle. McKinney was then arrested by Officer Richard Robinson.

Because of the police lights, Riddle, his aunt and one or two others came out of the house to see what was going on.

His confrontation with police officers occurred when he was being patted down. Riddle objected, saying, "This is my house," and pulled away from an officer, Kyle Oldham. 

Oldham responded, "You're out here, so I have to pat you down, make sure you have nothing on you," the ruling states.

Sgt. Timothy Riepe then took down Riddle and handcuffed him. The police report indicated that Riddle had been advised that he was going to be frisked because he refused to leave the scene where McKinney was being arrested.

"Arrest 2 was handcuffed and arrested for hindering and interfering," stated the police report, according to the ruling. 

Riddle later sued, claiming malicious prosecution, fabrication of evidence and conspiracy. Judge Fernando J. Gaitan Jr. of the U.S. District Court for the Western District of Missouri granted summary judgment to defendants, which included Riepe, officers Robinson and John Doe, as well as Alvin Brooks, Michael Rader, Angela Wasson-Hunt,  David Kenner, Sylvester James and Darryl Forte. 

Judges Raymond Gruender, Diana Murphy and Jane Kelly of the 8th Circuit found no reversible error in affirming Gaitan.

Regarding Riddle's claim of malicious prosecution, the judges found that the "undisputed facts demonstrate that Riddle stepped away from Oldham several times, pulled his arm away from Oldham, and prevented Oldham from conducting a pat-down search. Even under the narrower Missouri statute, such evidence provides an officer with probable cause to arrest a person for resisting his or her detention."

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U.S. Court of Appeals for the Eighth Circuit
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St. Louis, MO - 63102

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