39 F.4th 494
8th Cir.2022Background
- On June 7, 2017 SLMPD executed a warrant at Dennis Torres’s home; officers entered after breaching the door and deploying a flash-bang and discharged firearms a total of 93 times, killing Isaiah Hammett (shot 24 times).
- An AK-47–type rifle was photographed next to Hammett’s body and nine 7.62x39mm casings were recovered, but appellees (Hammett’s mother Gina and grandfather Dennis) presented testimony and an expert (Andrews) disputing that Hammett fired or was carrying the AK-47 when shot.
- Dennis testified he was asleep, saw Hammett unarmed, heard no AK-47 fire, and later alleged officers fired toward him while he lay in the bedroom; appellees claim officers manufactured evidence post‑mortem.
- Appellees sued under 42 U.S.C. §§ 1983 and 1985 (excessive force, unreasonable seizure, conspiracy), Monell, and state wrongful death/IIED claims; the district court denied summary judgment to many defendants and considered Andrews’ expert evidence.
- Appellants (City and officers) appealed interlocutorily on qualified immunity, official immunity, and sovereign immunity grounds; this Court limited its review to legal questions and facts the district court reasonably assumed, dismissed some arguments for lack of jurisdiction, and reversed others.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity — excessive force for Hammett (Counts 1 & 5) | Hammett was unarmed; disputed facts (Dennis testimony, Andrews) create genuine issue over whether deadly force was justified. | Officers had probable cause/immediate threat because Hammett fired through bedroom and emerged with AK‑47; thus force was reasonable. | Court lacked jurisdiction to resolve underlying factual dispute; denied review of most officers’ qualified immunity arguments but reversed denial for Officers Boyce and Lacy (no evidence they used force). |
| Qualified immunity — Dennis’s alleged seizure/force (Count 5) | Dennis was shot at while in bedroom and thus seized/subjected to force. | Shots did not seize or physically force Dennis; he did not acquiesce until after leaving the bedroom. | Reversed district court: no seizure (no physical force or acquiescence) — officers entitled to qualified immunity on Dennis’s Fourth Amendment claims. |
| Conspiracy claims (§§ 1983 & 1985, Counts 2 & 6) | Officers agreed to violate rights and cover up misconduct; conspiracy claims viable. | Intracorporate conspiracy doctrine bars conspiracy by a government entity and its employees; doctrine applies and/or is not clearly displaced. | §1985 claims barred by intracorporate doctrine — reversed. §1983: applicability unsettled; not clearly established that doctrine does not apply — officers entitled to qualified immunity on §1983 conspiracy claims. |
| City sovereign immunity re: state tort claims (Counts 4 & 8) | City effectively waived sovereign immunity via PFPC/self‑insurance; factual dispute exists. | City produced uncontradicted affidavits showing it purchased no liability insurance and no self‑insurance ordinance; thus sovereign immunity not waived. | Reversed district court: record does not show waiver/self‑insurance; City entitled to sovereign immunity. |
Key Cases Cited
- Pearson v. Callahan, 555 U.S. 223 (2009) (sets two‑step qualified immunity framework)
- Mitchell v. Forsyth, 472 U.S. 511 (1985) (distinguishes immunity from suit vs. defense to liability)
- Faulk v. City of St. Louis, 30 F.4th 739 (8th Cir. 2022) (discusses intracorporate conspiracy doctrine and clarity for qualified immunity)
- Taylor v. St. Louis Cmty. Coll., 2 F.4th 1124 (8th Cir. 2021) (limits appellate review of interlocutory qualified immunity denials to legal questions and material factual disputes)
- Ehlers v. City of Rapid City, 846 F.3d 1002 (8th Cir. 2017) (qualified immunity standard and reasonableness inquiry)
- Kelly v. City of Omaha, 813 F.3d 1070 (8th Cir. 2016) (intracorporate conspiracy doctrine applied to § 1985 claims)
- Banks v. Hawkins, 999 F.3d 521 (8th Cir. 2021) (deadly‑force/clearly‑established right analysis)
- Hendrix v. City of St. Louis, 636 S.W.3d 889 (Mo. Ct. App. 2021) (construed PFPC/self‑insurance evidence and declined to find municipal waiver of sovereign immunity)