John Burks v. City of Gladstone, Missouri

United States Court of Appeals
For the Eighth Circuit
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No. 23-2439
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John Burks
lllllllllllllllllllllPlaintiff - Appellant
v.
City of Gladstone, Missouri; Gladstone Department of Public Safety; Police
Officer Joshua East, In his individual and official capacity; Gladstone Chief of
Police, In his official capacity
lllllllllllllllllllllDefendants - Appellees
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: January 24, 2024
Filed: February 1, 2024
[Unpublished]
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Before LOKEN, COLLOTON, and GRASZ, Circuit Judges.
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PER CURIAM.

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John Burks appeals the district court’s1 adverse grant of summary judgment in
his civil rights action alleging that his encounter with an officer of the City of
Gladstone Police Department constituted an unreasonable seizure in violation of the
Fourth Amendment. Upon careful review, we conclude that, under the totality of the
circumstances, the encounter between Burks and the officer was consensual and, thus,
did not implicate the Fourth Amendment. See Hovick v. Patterson, 37 F.4th 511, 516
(8th Cir. 2022); United States v. Lillich, 6 F.4th 869, 876 (8th Cir. 2021); Oglesby v.
Lesan, 929 F.3d 526, 533 (8th Cir. 2019). To the extent Burks raised other claims in
his complaint, we conclude that he waived them by not discussing them on appeal.
See United States v. Azure, 539 F.3d 904, 912 (8th Cir. 2008).
Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.
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1The Honorable Beth Phillips, Chief Judge, United States District Court for the
Western District of Missouri.
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