161192P.pdf   08/04/2017  Anna Wealot  v.  Alvin Brooks
   U.S. Court of Appeals Case No:  16-1192
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Riley, Author, with Wollman and Kelly, Circuit Judges] 
   Civil case - Civil rights. In action alleging defendant police officers 
   used excessive force when they shot and killed Waylon Wealot, the district 
   court erred in determining no rational jury could find the police 
   officers' actions unreasonable based on the "rapidly-evolving 
   circumstances" with which they were presented; there were genuine issues 
   of fact as to whether the officers could have seen Waylon discard his 
   weapon as they pursued him and whether his hands were in the air when he 
   turned to face the officers; as a result, the district court erred in 
   granting the officers summary judgment on the excessive force claim; in 
   light of this decision, the court restores for the district court's 
   further consideration the claims against the Chief of Police and the board 
   of police commissioners; there was insufficient evidence for a rational 
   jury to conclude the officers acted with malice or bad faith, and the 
   district court did not err in granting defendants' motion for summary 
   judgment on plaintiff's state law wrongful death claim. Judge Wollman, 
   concurring.