DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
153368P.pdf 05/15/2017 Sharon Dooley v. Jon Tharp
U.S. Court of Appeals Case No: 15-3368
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Wollman, Author, with Beam and Murphy, Circuit Judges]
Civil case - Civil rights. Viewing the evidence in the light most
favorable to plaintiffs and considering the totality of the circumstances
leading up to defendant Tharp's decision to shoot plaintiffs' decedent,
the district court did not err in concluding that Officer Tharp's use of
deadly force was objectively reasonable as a matter of law and that he was
entitled to summary judgment on qualified immunity grounds; a reasonable
officer in Tharp's position could believe that the victim was pointing his
gun at officers and that they were at risk of serious harm; nor did the
district court err in granting defendants summary judgment on plaintiffs'
state tort claims for assault and battery and negligence as the force used
was reasonable and permitted under Iowa law.