by Edward Lyon

Kansas City policemen Shawn Todd and David Epperson responded to a burglary call at a vacant house. At the house Epperson covered the front, while Todd went to the rear. Todd encountered two men, one with a history of mental problems who had a pipe in one hand. Both men were compliant, raising their hands as Todd ordered. Todd punched the pipe-holding Gurley in the face and got no reaction. Epperson entered the area and fatally shot the non-threatening Gurley twice after yelling "Stop!"

Gurley's mother filed a 42 U.S.C. § 1983 lawsuit in the district court citing state and federal causes of action against the two officers and the Board of Police Commissioners. The defendants moved for summary judgment on qualified, official, and sovereign immunity grounds.

The district court denied the motion, citing those defenses were not available based on the evidence of bad faith and malice by the two officers. The board's motion was denied on a failure to train but granted on the negligence cause. Interlocutory appeal was taken.

The Eighth Circuit affirmed the findings of objectionable unreasonable acts by the officers because of the compliant, non-threatening postures of Gurley and Bowlin and the § 1983 ruling against the board, reversing only the denial of sovereign immunity to the board on the wrongful death claim.

See: Lancaster v. Board of Police Commissioners, No. 15-3769 (8th Cir. 2017)

Additional source: law.justia.com

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