Civil Rights: Police-Chase Death-Qualified Immunity-Official Immunity

Where the family of a man shot and killed during a police chase brought an action against the officer for excessive force and wrongful death, the district court failed to make a thorough determination of the claim of qualified immunity, so the judgment is reversed and remanded for the court to evaluate whether the officer in light of all of the information available at the moment violated clearly established law, and the claim for official immunity also should be reconsidered.

Judgment is reversed and remanded.

N.S. v. Kansas City Board of Police Commissioners (MLW No. 73748/Case No. 18-1537 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, Western District of Missouri, Wimes, J. (Jeffrey Simon, Kansas City, Missouri, argued for appellant; Diane Peters and Adam J. Hoskins appeared on the brief) (Brian Forrest McCallister, Kansas City, Missouri, argued for appellee; Cynthia Lynne Short and Andrew Ferrell appeared on the brief).