Legal Opinion

Clark v. Thomas

District Court, D. Kansas

Decided February 28, 2007No. 05-2550-JWLPublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

In this case, plaintiff Marcus Clark alleges that defendant Bradley Thomas used excessive force in pursuing and arresting him. Plaintiff has asserted tort claims sounding in negligence and battery, and he also asserts a claim against Thomas under 42 U.S.C. § 1983. Plaintiff has also sued the Board of Police Commissioners of Kansas City, Missouri (Thomas’s employer) and the individual members of the Board in their official capacities, based on a theory of respondeat superior.

This matter comes before the Court on defendants’ motion for summary…

2Cases cited38 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  4. Anderson v. CreightonSupreme Court of the United States · 1987
  5. In Re WINSHIPSupreme Court of the United States · 1970

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3Cited by10 opinions

  1. Estate of Randolph v. City of WichitaCourt of Appeals of Kansas · 2020
  2. United States v. Johnnie CollinsCourt of Appeals for the Seventh Circuit · 2013
  3. Perez v. ZL Restaurant Corp.District Court, D. New Mexico · 2014
  4. Chadwell v. United States of America, TheDistrict Court, D. Kansas · 2022
  5. City of Saint Albans v. BotkinsWest Virginia Supreme Court · 2011

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