153769P.pdf   07/28/2017  Donna Lancaster  v.  Board of Police Commissioners
   U.S. Court of Appeals Case No:  15-3769
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Shepherd, Author, with Smith, Chief Judge, and Benton, 
   Circuit Judge] 
   Civil case - Civil rights. In action alleging Kansas City police officers 
   used excessive force resulting in plaintiff's decedent's death, the 
   district court did not err in finding the defendant officers were not 
   entitled to qualified immunity on plaintiff's Section 1983 claims or 
   official immunity on her state law claims; accepting plaintiff's version 
   of the facts as true for the purposes of determining whether the officers 
   were entitled to immunity, the decedent and his companion did not pose an 
   immediate threat to the officers, did not actively resist arrest and 
   obeyed the officers' commands; it was therefore objectively unreasonable 
   for defendants to punch decedent in the face and shoot him; the 
   constitutional right to be free from the use of excessive force in these 
   circumstances was beyond debate at the time of the incident; similarly, a 
   jury could find that the officers acted with bad faith and malice and were 
   not, therefore, entitled to official immunity under Missouri law; the 
   Board of Police Commissioners was not entitled to immunity on plaintiff's 
   Section 1983 claims, but it was protected by sovereign immunity on 
   plaintiff's state law wrongful death claim.