Cassidy Jared Loch v. City of Litchfield
2012 U.S. App. LEXIS 18099
| 8th Cir. | 2012Background
- Cassidy Loch, intoxicated, attempted to drive away; Lochs pursued him and blocked exit with vehicles.
- Cassidy exited the truck, confronted Rokala in a nose-to-nose dispute; he drew a .45 handgun and threatened, struck a window.
- Rokala reported Cassidy had a gun; Officer Rueckert arrived, took cover, and observed Cassidy exit the truck.
- Cassidy approached Rueckert with hands extended; he did not comply with commands to get on the ground and allegedly said something including 'kill.'
- Rueckert fired, injuring Cassidy; later it was found Cassidy no longer had a firearm; a gun was recovered from the snow near the truck.
- District court granted summary judgment for Rueckert on § 1983 claim and for the City on state-law claims due to official immunity; Lochs appeal and court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity for Rueckert’s use of deadly force | Lochs claim force was not objectively reasonable; Cassidy unarmed per witnesses. | Rueckert acted on a split-second, evolving threat; feared firearm and danger to others. | Yes; use of force was objectively reasonable; Rueckert entitled to qualified immunity. |
| Municipal liability for Rueckert’s state claims | City liable for officer’s state-law torts under agency theory. | Rueckert entitled to official immunity; city carries vicarious immunity for officer’s discretionary acts. | District court correct; official immunity bars vicarious liability. |
Key Cases Cited
- Harlow v. Fitzgerald, 457 U.S. 800 (U.S. 1982) (establishes qualified immunity framework)
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (reaffirms two-step test for qualified immunity)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (objective reasonableness standard for excessive force)
- Tennessee v. Garner, 471 U.S. 1 (U.S. 1985) (deadly force when suspect poses danger)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (U.S. 1978) (municipal liability not via respondeat superior)
- Hayek v. City of St. Paul, 488 F.3d 1049 (8th Cir. 2007) (official immunity for discretionary acts)
- Beaulieu v. City of Mounds View, 518 N.W.2d 567 (Minn. 1994) (malice standard for official-immunity analysis)
- Estate of Morgan v. Cook, 686 F.3d 494 (8th Cir. 2012) (warning language and use-of-force considerations in deadly-force cases)
- Krueger v. Fuhr, 991 F.2d 435 (8th Cir. 1993) (objectively reasonable belief can support deadly force)