Moore v. City of Ferguson
213 F. Supp. 3d 1138
E.D. Mo.2016Background
- Jason Moore, a 31-year-old unarmed man, was naked and behaving erratically near his home in Ferguson; officers responded to 911 calls.
- Officer Brian Kaminski encountered Moore, ordered him to stop and get on the ground; Moore ran toward Kaminski with fists raised and ignored commands.
- Kaminski deployed his Taser multiple times; Taser data logs show four activations with brief intervals (about 0.89–1.99 seconds) between cycles; Moore fell, was handcuffed, became unresponsive, and later died.
- Medical examiner listed cause as agitated delirium secondary to psychosis; plaintiffs’ expert attributed the death at least partly to the third and fourth Taser applications.
- Plaintiffs sued under 42 U.S.C. § 1983 for excessive force (Fourth/Fourteenth Amendments) against Kaminski (individual), municipal liability against City of Ferguson and Chief Jackson, and wrongful death against Kaminski.
- Court considered DOJ report finding FPD pattern of excessive force and supervisory failures; summary judgment motion partly granted and partly denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force (§ 1983) — Kaminski | Use of repeated Tasings within seconds was unreasonable and caused death | Tasing was reasonable to subdue an advancing, noncompliant suspect; officer made split-second decisions | Denied summary judgment — factual disputes (timing, degree of resistance) preclude resolution at summary judgment |
| Qualified immunity — Kaminski | Moore may have had a clearly established right not to be tased when non-violent/non-resisting between cycles | Officer made reasonable judgment under tense, rapidly evolving circumstances | Denied — jury questions on whether Moore resisted in intervals and whether right was clearly established preclude immunity finding |
| Municipal liability — City & Chief Jackson (custom/policy) | DOJ report and prior incidents show a pattern/custom of excessive force and supervisory indifference that caused Moore’s injury | Defendants dispute report reliability and contend no evidence of a municipal custom or deliberate indifference | Denied in part — evidence (DOJ report, prior Taser incidents, supervisory practices) supports triable issues on custom and deliberate indifference |
| Failure-to-train claim against City | City failed to train officers about handling mental-health crises and ECW limits | Training is state responsibility; Kaminski received manufacturer/Taser instructor training | Granted — summary judgment for defendants on failure-to-train claim |
| Wrongful death / official immunity — Kaminski | Kaminski acted with reckless indifference in repeatedly tasing Moore while he was unarmed/grounded | Tasing was discretionary action taken without malice; official immunity applies | Denied — evidence could support reckless indifference; immunity not available if acted in bad faith or with malice |
Key Cases Cited
- Brower v. County of Inyo, 489 U.S. 593 (use of force during a seizure analyzed under Fourth Amendment)
- Graham v. Connor, 490 U.S. 386 (reasonableness standard for excessive-force claims)
- Brown v. City of Golden Valley, 574 F.3d 491 (Eighth Circuit excessive-force/Taser decision)
- Amrine v. Brooks, 522 F.3d 823 (qualified immunity framework)
- DeBoise v. Taser Intern., Inc., 760 F.3d 892 (Eighth Circuit on tasers and clearly established rights)
- Ware v. Jackson County, Mo., 150 F.3d 873 (municipal liability—pattern or custom evidence)
- Teasley v. Forler, 548 F. Supp. 2d 694 (official immunity and discretionary acts)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (summary judgment standard regarding nonmoving party's burden)