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.
201526P.pdf 05/31/2022 N.S. v. Kansas City Board of Police
U.S. Court of Appeals Case No: 20-1526
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Stras, Author, with Loken and Arnold, Circuit Judges]
Civil case - Civil rights. For the court's earlier opinion in the matter,
see N.S. v. Kan. City Bd. of Police Comm'rs, 933 F. 3d 967 (8th Cir. 2019.
On remand, the district court found there had been no constitutional
violation when defendant Thompson, a Kansas City police officer, shot and
killed plaintiff's decedent during a foot chase; the district court
further found that plaintiff could not recover under Missouri law for
wrongful death, as the officer had been, at most, negligent; even under a
plaintiff-friendly version of the facts, defendant Thompson was justified
in using deadly force; as a result, he did not violate a clearly
established right and was entitled to qualified immunity; defendant
Thompson was also entitled to official immunity on the state law claim for
wrongful death, as there was no evidence he acted in bad faith or with
malice; there was insufficient evidence to find the municipal defendant
were liable under a deliberate-indifference theory.