Lloyd Vickroy v. City of Springfield, Missouri, 706 F.2d 853 (8th Cir. 1983). · Go Syfert
Lloyd Vickroy v. City of Springfield, Missouri, 706 F.2d 853 (8th Cir. 1983). Cases Citing This Book View Copy Cite
4 citation events across 3 distinct courts.
Strongest positive: Kimball v. Town of Provincetown (mad, 2016-01-26) · Strongest negative: Brown v. Sweeney (mad, 2007-11-01)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited "but see" Brown v. Sweeney
D. Mass. · 2007 · signal: but see · confidence high
But see Vickroy v. City of Springfield, Mo., 706 F.2d 853, 854 (8th Cir.1983) (holding that a seizure occurred when an officer threatened a person with arrest unless he showed identification).
discussed Cited as authority (rule) Kimball v. Town of Provincetown
D. Mass. · 2016 · confidence medium
For more cases supporting this proposition, see, fpr example, Cassady v. Tackett, 938 F.2d 693, 696 (6th Cir.1991) (reversing district court’s ruling that "because [the defendant jailer’s] conduct consisted only of threats, and there was no infliction of any physical wrong, the allegations and evidence even in the light most favorable to [the plaintiff] did not constitute a seizure.”); Vickroy v. City of Springfield, 706 F.2d 853, 854 (8th Cir.1983) (“[The police officer’s] threat to arrest [the plaintiff] if [the plaintiff] did not identify himself constituted a seizure subject to t…
discussed Cited as authority (rule) Jones v. City of St. Louis
E.D. Mo. · 2003 · confidence medium
"The Fourth Amendment requires that a seizure be `reasonable'," and that reasonableness "depends on a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers." Vickroy v. City of Springfield, 706 F.2d 853, 854 (8th Cir. 1983) (citing United States v. Brignoni-Ponce, 422 U.S. 873, 878 , 95 S.Ct. 2574 , 45 L.Ed.2d 607 (1975)).
cited Cited "see, e.g." Bennett v. Town of Riverhead
E.D.N.Y · 1996 · signal: see also · confidence medium
See also Vickroy v. City of Springfield, 706 F.2d 853, 854 (7th Cir.1983) (threat of arrest if person does not identify himself to police officers constitutes a seizure under the Fourth Amendment).
Retrieving the full opinion text from the archive…
Lloyd VICKROY, Appellant,
v.
CITY OF SPRINGFIELD, MISSOURI, Appellee
83-1200.
Court of Appeals for the Eighth Circuit.
Jun 1, 1983.
706 F.2d 853
Howard C. Wright, Jr., City Atty. and Robert H. Handley, Asst. City Atty., Springfield, Mo., for appellee., Lloyd Vickroy, pro per.
Lay, Ross, McMillian.
Cited by 4 opinions  |  Published
PER CURIAM.

Plaintiff-appellant Lloyd Vickroy sued the City of Springfield, Missouri, under 42 U.S.C. § 1983 for violating his Fourth Amendment rights and his right to privacy. His claim arises from a detention by a Springfield police officer. The district court [1] granted the city’s motion for summary judgment.

The following facts were established by affidavits and uncontradicted by Vickroy.

[*854] On May 28, 1980, Officer Bill Bragg answered a disturbance call at 1531 N. O’Hara, the residence of Cindy Mordue. Bragg was familiar with a felonious restraint charge pending against George Mor-due, Cindy’s husband. When Bragg arrived at the Mordue residence, Cindy reported that George had been there and threatened to kill her if she continued to press charges. Cindy gave Bragg a description of George and stated that she believed he was fleeing the jurisdiction by bus.

Bragg called an assistant prosecuting attorney, Donald Sanders, who was familiar with the Mordue case. Sanders believed there was probable cause to arrest Mordue for tampering with a witness and authorized an arrest. Bragg called the Police Department, and all units were notified that George Mordue was wanted for tampering with a witness, given a description, and informed that he might be at the bus station.

Officer Baugh heard the dispatch and went to the bus station. He saw Vickroy in the waiting area and stated that Vickroy fit the description of Mordue. Baugh asked Vickroy for identification. When Vickroy refused, Baugh stated that he would be arrested. Vickroy then produced identification, and Baugh thanked him and left.

The district court, on the City’s motion for summary judgment, found no constitutional violation and granted the motion.

Officer Baugh’s threat to arrest Vickroy if he did not identify himself constituted a seizure subject to the requirements of the Fourth Amendment. Brown v. Texas, 443 U.S. 47, 50, 99 S.Ct. 2637, 2640, 61 L.Ed.2d 357 (1979). The Fourth Amendment requires that a seizure be “reasonable”; when the seizure is “less intrusive than a traditional arrest,” reasonableness depends on a balance between the public interest and the individual’s right to personal security free from arbitrary interference by law officers. Id. at 50, 99 S.Ct. at 2640; United States v. Brignoni-Ponce, 422 U.S. 873, 878, 95 S.Ct. 2574, 2578-79, 45 L.Ed.2d 607 (1975).

In this case Officer Baugh’s detention of Vickroy seems imminently reasonable. He had probable cause to arrest Mordue, and Vickroy never argued before the district court that he did not fit the description of Mordue. The police officer’s action cannot be characterized as an “arbitrary” request for identification.

Because we see no constitutional violation, we affirm the judgment of the district court on the basis of its well-reasoned opinion. See 8th Cir. R. 14.

1

. The Honorable Russell G. Clark, Chief Judge, United States District Court for the Western District of Missouri.