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Gibson v. Cook

United States Court of Appeals, Eighth Circuit

August 20, 2014

Travis Wayne Gibson, Plaintiff - Appellant
v.
Rick Cook; Jeff Mitchell; Josh Benton; City of Dexter; Carl Hefner; Roxanne Cook; Catherine Rice; Tommy Horton, Defendants - Appellees

Submitted April 14, 2014.

Page 811

Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau.

For Travis Wayne Gibson, Plaintiff - Appellant: James P. Leonard, Devereaux & Stokes, Saint Louis, MO.

For Rick Cook, Jeff Mitchell, Josh Benton, City of Dexter, Carl Hefner, Tommy Horton, Defendants - Appellees: Michael E. Bub, Keith Henson, Paule & Camazine, Saint Louis, MO.

For Joe Briney Welborn, Defendant: Brandon L. Howard, Emily LeAnne Shook, Baird & Lightner, Springfield, MO.

For Roxanne Cook, Catherine Rice, Defendants - Appellees: Eileen Ruppe Krispin, Assistant Attorney General, Mary Delworth Morris, Attorney General's Office, Saint Louis, MO.

Before LOKEN, MURPHY, and KELLY, Circuit Judges.

OPINION

Page 812

LOKEN, Circuit Judge.

Dexter, Missouri, police officers arrested Travis Gibson in January and April 2008 for violating a July 2007 Full Order of Protection, which the Circuit Court of Stoddard County had granted in response to a petition by Gibson's estranged wife, Ann. Gibson pleaded guilty to violating the Full Order after each arrest, receiving suspended sentences and probation. In May 2008, Gibson was arrested for blatant disregard of a special condition of probation that he not contact Ann. He admitted multiple violations. Probation was revoked, and he was sentenced to three years in prison. In December 2009, a Stoddard County judge granted Gibson's motion to withdraw his guilty plea and ordered him released. Gibson remained in custody one additional day because the State of Louisiana had issued a detainer based on pending charges in that jurisdiction. Following his release, Gibson filed this action, asserting various state and federal claims against, inter alia, the arresting officers, the City of Dexter, his public defender, his probation officer, and two Stoddard County sheriffs for delaying his release. Defendants removed. Extensive discovery ensued.

Gibson appeals the district court's grant[1] of summary judgment dismissing his 42 U.S.C. § 1983 claims against those defendants. He does not appeal the dismissal of pending state law claims without prejudice. Viewing disputed facts in the light most favorable to Gibson, and reviewing the grant of summary judgment de novo, we affirm. Fisher v. Wal-Mart Stores, Inc., 619 F.3d 811, 814 n.3 (8th Cir. 2010) (standard of review). Magistrate Judge Blanton's forty-page opinion thoroughly reviewed the facts and legal issues surrounding each phase of this protracted dispute. Gibson v. Cook, No. 1:10-CV-00107-LMB, 2013 WL 1817786 (E.D. Mo. Apr. 29, 2013). We will limit this opinion to facts essential to each § 1983 claim Gibson appealed; additional background may be found in Judge Blanton's opinion.

A. The January 12, 2008 Arrest.

On January 10, 2008, one of Ann's co-workers called the police " because [Ann's] husband was in the parking lot and there had been previous problems between the two in the past." When Dexter Police Officer Jeff Mitchell arrived, he learned " that Mrs. Gibson had an active Full Order of Protection against Mr. Gibson." Gibson was arrested for violating the Full Order. Mitchell's incident report included the Full Order's case number and July 22 expiration date and the dispatcher's copy of that Order.

On the morning of January 12, a caller reported yelling and arguing at Ann's residence. Officer Mitchell and Officer Anthony Roberts were dispatched to investigate whether Gibson was violating the Full Order. When they arrived, Gibson told Officer Mitchell he ...


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