Division of Employment Security v. Board of Police Commissioners
864 F.3d 974
8th Cir.2017Background
- Officers Todd and Epperson responded to a prowler/burglary call; Gurley and Bowlin exited a house carrying a metal pipe but complied with officers’ commands with hands up.
- Todd holstered his firearm, approached Gurley, and punched him in the face.
- Todd called for a taser; Epperson ran into the backyard, yelled “Stop!,” and shot Gurley twice, killing him.
- Gurley’s mother, Lancaster, sued under 42 U.S.C. § 1983 (excessive force and bodily integrity), asserted municipal liability against the Board for failure to train, and brought state wrongful death and negligence claims against the officers and the Board.
- District court denied summary judgment for the officers on federal and state claims (qualified and official immunity), denied Board summary judgment on the § 1983 claim, and denied Board immunity on wrongful death but granted sovereign immunity on negligence.
- The Eighth Circuit affirmed denial of immunity for officers on federal and state claims, affirmed denial of summary judgment to the Board on the § 1983 claim, and reversed as to the Board’s wrongful death claim (Board entitled to sovereign immunity).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity for officers on § 1983 excessive-force claims | Lancaster: officers used objectively unreasonable deadly and non-deadly force against a compliant suspect | Officers: force was lawful given burglary suspicion | Denied — factual allegations (compliance, unprovoked punch and shooting) show constitutional violations and clearly established law precluding such force |
| Official immunity for officers on state tort claims (wrongful death, negligence) | Lancaster: actions (punching/shooting a compliant suspect) may have been in bad faith/malice, so immunity unavailable | Officers: actions discretionary and protected by official immunity | Denied — a jury could find bad faith/malice, so official immunity not available |
| Board liability under § 1983 for failure to train | Lancaster: inadequate training caused officers’ constitutional violations | Board: municipal liability depends on underlying individual liability (officers did nothing wrong) | Denied summary judgment for Board — officers’ liability survives, so municipal claim may proceed |
| Board wrongful death claim — sovereign immunity | Lancaster: wrongful death statute permits suit based on underlying failures (e.g., training) despite sovereign immunity | Board: as a state subdivision operating a police force, it retains sovereign immunity unless an exception applies | Reversed — Board entitled to sovereign immunity on the wrongful death claim (no applicable waiver) |
Key Cases Cited
- Tennessee v. Garner, 471 U.S. 1 (1985) (officer may not use deadly force against an unarmed, nondangerous fleeing suspect)
- Graham v. Connor, 490 U.S. 386 (1989) (Fourth Amendment objective reasonableness test for force)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity standard)
- White v. Pauly, 137 S. Ct. 548 (2017) (clearly established right must be particularized)
- Chambers v. Pennycook, 641 F.3d 898 (8th Cir. 2011) (summary-judgment context; construing facts in plaintiff’s favor)