DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181040P.pdf 06/11/2019 Tina Smith v. Michael Kilgore
U.S. Court of Appeals Case No: 18-1040
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Benton, Author, with Smith, Chief Judge, and Stras, Circuit
Judge]
Civil case - Civil rights. No potentially admissible evidence in this
record supports plaintiff' allegations that her decedent was unarmed, did
not point his gun at officers and did not shoot at an officer, and the
evidence did not present a sufficient dispute to require submission to a
jury; the district court did not err in finding the defendant officers'
use of deadly force was reasonable under these circumstances; because the
officers used reasonable force and there was no constitutional violation,
the district court properly rejected plaintiff's state law claims for
assault, battery and wrongful death; there is no genuine dispute that the
officers promptly called for medical care and because they fulfilled their
constitutional obligation, the Police Board and Police Chief could not be
liable for failing to train them.