Scotia v. Kan. City Bd. of Police Comm'rs
Opinion
Officer William Thompson shot and killed Ryan Stokes during a police chase. The district court ruled that Thompson was not entitled to official or qualified immunity. We vacate and remand for reconsideration.
I.
While on patrol early one morning, Thompson and his partner received a radio message that other officers were pursuing two men suspected of theft. Just seconds later, Thompson spotted Stokes, who matched the description of one of the suspects, running into a parking lot. Stokes headed toward the driver's side of a parked car and briefly opened the door. He then quickly turned and moved in the direction of a pursuing officer, who by that point was "very close" to him. Thompson fired at Stokes three times, hitting him twice in the back. Stokes died shortly thereafter.
Beyond these basic facts, the parties' accounts differ. Thompson claims that he saw Stokes with a gun when he entered the parking lot and believed that he intended to ambush the pursuing officer. Stokes's family argues that Stokes never possessed a gun and was attempting to surrender when he was shot. The parties also dispute whether Thompson said anything to Stokes before firing.
Some evidence supports Thompson's account. The police discovered a handgun on the driver's seat of the car, which could mean that Stokes was armed when he entered the parking lot but then tossed the gun into the car. And witnesses who saw Stokes running said that he appeared to be "holding up his pants as he ran," which is arguably consistent with Thompson's perception that Stokes was holding a gun. Finally, Thompson's partner claims to have heard Thompson order Stokes to "get on the ground."
Other evidence supports the family's account. No one besides Thompson observed Stokes with a gun, nor was any gun found on or near his body. The car's owner, who was Stokes's friend, claimed that the gun recovered from the car belonged to him and that it had been there all night. Moreover, some officers did not recall hearing Thompson shout anything during the encounter, and at least one officer thought Stokes was trying to surrender when Thompson shot him.
Stokes's family sued Thompson for excessive force,
see
II.
Cases in which a district court denies qualified immunity at the summary-judgment stage typically follow one of two paths on appeal. First, we may affirm, but only when it is apparent that, if the plaintiff's version of the facts is right, the officer violated a clearly established right.
See
Raines v. Counseling Assocs., Inc.
,
Here, the district court fell short in its threshold duty to make "a thorough determination of [Thompson's] claim of qualified immunity."
Robbins v. Becker
,
Yet the Supreme Court has warned courts not to "define clearly established law at [such] a high level of generality."
Kisela v. Hughes
, --- U.S. ----,
The district court did no more than that here, so the case needs to go back for a second look.
1
See
Robbins
,
III.
We also remand for reconsideration of Thompson's claim to official immunity. Official immunity, like qualified immunity, is a threshold issue and subject to interlocutory appellate review.
See
Div. of Emp't Sec. v. Bd. of Police Comm'rs
,
State ex rel. Mo. Dep't of Agric. v. McHenry
,
Official immunity, for example, is available unless the officer acted "in bad faith or with malice," which requires "more than [just] bad judgment or negligence."
Wealot v. Brooks
,
Yet the district court treated the two inquiries as interchangeable, explaining that "[t]he same factual disputes as to whether ... Stokes posed a threat[ ] or resisted arrest preclude[d it] from determining if ... Thompson acted maliciously in his use of force." In fact, nowhere did the court say which facts would allow a reasonable jury to "conclude [that Thompson] acted with malice or in bad faith."
IV.
We accordingly vacate the district court's decision and remand for reconsideration of Thompson's motion for summary judgment.
The district court made at least two other errors in its summary-judgment order. First, it was mistaken in its belief that it had to decide whether Thompson's actions amounted to a constitutional violation before it could address whether the underlying right was clearly established. Although addressing the steps in this order was once mandatory,
see
Saucier v. Katz
,
Reference
- Full Case Name
- N.S., Only Child of Decedent, Ryan Stokes, by and Through Her Natural Mother and Next Friend, Brittany Lee; Narene James Plaintiffs-Appellees v. KANSAS CITY BOARD OF POLICE COMMISSIONERS; Michael Rader; Leland Shurin; Angela Wasson-Hunt; Alvin Brooks; Mayor Sly James; David Kenner Defendants William Thompson Defendant-Appellant Darryl Forte Defendant
- Cited By
- 17 cases
- Status
- Published