Perkins v. Hastings

After her fifteen year old son was shot and killed by a police officer, plaintiff filed suit against the officer, the police chief, and the city, alleging claims under 42 U.S.C. 1983 and state law. The district court granted summary judgment for the police chief and the city. A jury found that the officer violated the boy's Fourth Amendment right to be free from excessive force and returned a verdict in favor of plaintiff.The Eighth Circuit affirmed, holding that plaintiff failed to establish a municipal custom based on failure to prevent police misconduct; plaintiff failed to show that the city acted with deliberate indifference to the rights of persons with whom its officers came into contact; the district court did not err by requiring plaintiff to establish a pattern of constitutional violations to prove her claim; plaintiff's evidence of officer-involved shootings did not establish deliberate indifference to a pattern of excessive force; and the district court likewise did not err in granting summary judgment on plaintiff's failure to train or supervise claim. The court also held that plaintiff's evidence was insufficient to hold the police chief individually liable; there was no genuine issue of material fact that a plainly obvious consequence of the hiring decision would be the officer's unjustified use of deadly force; and the evidence failed to show the chief had notice that the officer's training and supervision were inadequate and likely to result in the use of excessive force. View "Perkins v. Hastings" on Justia Law