Wealot v. Brooks

After her son was shot approximately 10 times and killed by the police, plaintiff filed suit against defendants, alleging excessive force and wrongful death under state law. The Eighth Circuit reversed the dismissal of the excessive force claims against the officers, holding that plaintiff demonstrated that there were at least two genuine disputes of material fact: (1) whether the officers saw plaintiff's son throw his gun and therefore knew he was unarmed, and (2) whether he was turning around to the officers with his hands raised to surrender. The court held, however, that there was insufficient evidence for a rational jury to conclude the officers acted with malice or in bad faith. Therefore, the court affirmed the grant of summary judgment and dismissal as to the wrongful death claims. The court reversed in all other respects and remanded. View "Wealot v. Brooks" on Justia Law