Klinefelter’s Auction

Full title: GARY JACOBSEN and AUTO ONE INC., Plaintiffs, v. CASS COUNTY, MISSOURI SHERIFF JEFF WEBER and MICHAEL KLINEFELTER, Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Date published: Aug 28, 2019

Facts

On June 27, 2017, Klinefelter was working “extra duty” at the ADESA Auto Auction in Belton, Missouri, in his capacity as a Cass County Sheriff’s Deputy. Doc. 41, p. 11; Doc. 47, p. 5. ADESA also contracted with third-party security companies to provide unarmed security, such as Candice Giles-Rucker, who was working security at the front entrance of ADESA on June 27,  2017. Doc. 41, p. 11; Doc. 47, p. 5. ADESA gave instructions to Cass County Sheriff Deputies, including Klinefelter, to protect ADESA employees and property. Doc. 41, p. 11–12; Doc. 47, p. 5. ADESA also instructed the Sheriff’s Deputies as to who would be authorized to attend the ADESA Auto Auction. Doc. 41, p. 11–12; Doc. 47, p. 5. The “auction access card” authorized dealers to enter the ADESA premises on auction days. Doc. 41, p. 11–12; Doc. 47, p. 5. However, for an authorized dealer to participate in the auction, the dealer would need to obtain a “bidder badge” for the day’s auction. Doc. 41, p. 11–12; Doc. 47, p. 5. A “bidder badge” could be obtained electronically from a kiosk/machine on the ADESA premises or one of the ADESA clerks. Doc. 41, p. 11–12; Doc. 47, p. 5.

Issue

Decision

, Defendants’ motion for summary judgment, Doc. 40, is granted. The claims against all defendants are dismissed with prejudice. Defendants’ request for costs is denied.

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