Filed: Dec. 21, 2016
Latest Update: Mar. 03, 2020
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-3671 _ Brian Campbell lllllllllllllllllllll Plaintiff - Appellant v. City of Concordia; Concordia Police Department; Aaron Rucker, Police Officer; Jim Lynn, Police Chief lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: December 6, 2016 Filed: December 21, 2016 [Unpublished] _ Before SHEPHERD, BOWMAN, and KELLY, Circuit Judges. _ PER
Summary: United States Court of Appeals For the Eighth Circuit _ No. 16-3671 _ Brian Campbell lllllllllllllllllllll Plaintiff - Appellant v. City of Concordia; Concordia Police Department; Aaron Rucker, Police Officer; Jim Lynn, Police Chief lllllllllllllllllllll Defendants - Appellees _ Appeal from United States District Court for the Western District of Missouri - Kansas City _ Submitted: December 6, 2016 Filed: December 21, 2016 [Unpublished] _ Before SHEPHERD, BOWMAN, and KELLY, Circuit Judges. _ PER ..
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United States Court of Appeals
For the Eighth Circuit
___________________________
No. 16-3671
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Brian Campbell
lllllllllllllllllllll Plaintiff - Appellant
v.
City of Concordia; Concordia Police Department; Aaron Rucker, Police Officer;
Jim Lynn, Police Chief
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Western District of Missouri - Kansas City
____________
Submitted: December 6, 2016
Filed: December 21, 2016
[Unpublished]
____________
Before SHEPHERD, BOWMAN, and KELLY, Circuit Judges.
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PER CURIAM.
Brian Campbell appeals after the District Court dismissed his pro se 42 U.S.C.
§ 1983 complaint for lack of subject matter jurisdiction. After careful review, we
conclude that Campbell’s claim that he was arrested without probable cause
established a basis for jurisdiction. See 28 U.S.C. § 1331 (“The district courts shall
have original jurisdiction of all civil actions arising under the Constitution, laws, or
treaties of the United States.”); 42 U.S.C. § 1983 (providing that every person acting
under color of state law may be held liable for depriving another of constitutional
rights); Hannah v. City of Overland,
795 F.2d 1385, 1389 (8th Cir. 1986) (“[A]
warrantless arrest without probable cause violates an individual’s constitutional rights
under the Fourth and Fourteenth Amendments.”). Accordingly, we reverse the
dismissal of Campbell’s complaint, and we remand the case to the District Court for
further proceedings. We also grant Campbell’s pending motion for leave to appeal in
forma pauperis.
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