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.
164209P.pdf 03/23/2018 Skip Rogers v. Aaron King
U.S. Court of Appeals Case No: 16-4209
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Murphy, Author, with Loken 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, defendant officer King's use of deadly force against
plaintiffs' decedent was objectively reasonable; the officers who
responded to decedent's apartment had been told she was armed and suicidal
and found her with the weapon; when she appeared unresponsive to their
commands and raised the gun to one of the officer's shin level, a
reasonable officer would had probable cause to believe she posed threat of
serious physical harm and that the use of deadly force was objectively
reasonable; since the officer's use of deadly force was not a
constitutional violation, the city could not be held liable under Section
1983 for failure to train; even if the court concluded the officer's use
of force was unreasonable, neither the municipality or the chief of police
can be held liable for unconstitutional conduct under a theory of
respondeat superior.