Franklin v. Peterson

After Walter Louis Franklin, II was shot to death by officers, his estate filed suit against defendants under 42 U.S.C. 1983, alleging claims of excessive force, wrongful death, and negligence. On appeal, the officers challenged the denial of qualified immunity. The Eighth Circuit dismissed the appeal based on lack of jurisdiction, holding that qualified immunity did not prevent suit in this case because the precise question for trial was the factual question, an issue which was inseparable from, and necessarily informed, the legal one. The court explained that factual arguments made by the officers on appeal regarding materiality and sufficiency should be made to a jury and did not run to a legal issue on appeal. View "Franklin v. Peterson" on Justia Law