KANSAS CITY – A Nebraska man who claims he was battered by a deputy sheriff from Cass County at an auto auction and then wrongfully detained and charged with assaulting an officer, resisting arrest and trespass has filed suit in the U.S. District Court for the Western District of Missouri.
Gary Jacobsen, who operates Auto One of Aurora, Nebraska, claims Cass County deputy sheriff Michael Klinefelter (MK) was working in a security capacity at the ADESA auto action in Belton on June 27, 2017, and asked him for identification, which he apparently did not have in his possession.
"Shortly after Jacobsen entered the ADESA premises, MK rudely and aggressively confronted and stepped in front of Jacobsen, coming in very close physical proximity to Jacobsen, blocking Jacobsen’s path and demanding that Jacobsen depart the premises ostensibly because of failure to have or display identification," states the suit, which was filed July 23.
Jacobsen claims that he has attended ADESA auctions for many years before the one last year, and that he attempted to go to the auction's office manager to clear up questions on his identity.
"When Jacobsen attempted to go to the office of the manager and/or supervisor, MK followed Jacobsen in very close proximity and continued to harass and harangue Jacobsen and, without provocation, grabbed Jacobsen by the arm and, then, shoved Jacobsen," the suit claims.
He claims that Klinefelter then sprayed his face and right eye with pepper spray standing only 3 feet away. While partially blinded, he claims Klinefelter then struck multiple blows to his head, ribs and torso.
Jacobsen was later taken to the Cass County jail and charged with two felonies and a misdemeanor offense, all of which were subsequently dismissed.
In addition to claiming violations of his civil rights, negligent infliction of emotional distress and battery, Jacobsen seeks damages for tortious interference with economic expectancy because he was not allowed to participate at the ADESA auction until after his charges were cleared. He claims he was not allowed to participate again until May 29.
Cass County Sheriff Jeff Weber was also named as a defendant in the suit.