Estate of Morgan v. Cook, No. 11-3376 (8th Cir. 2012)
Annotate this CaseOfficer John Cook fatally shot David Morgan after responding to a domestic disturbance at Morgan's residence in Missouri. Morgan's estate sued Cook pursuant to 42 U.S.C. 1983, alleging Cook used excessive force in violation of Morgan's Fourth Amendment rights. The district court granted Cook's motion for summary judgment, finding Cook was entitled to qualified immunity because his actions were objectively reasonable. The Eighth Circuit Court of Appeals affirmed, holding that the district court did not err in its conclusion that Cook's actions were objectively reasonable and therefore did not violate Morgan's Fourth Amendment rights. Thus, Cook was entitled to qualified immunity.
Court Description: Civil case - civil rights. District court did not err in granting police officer's motion for summary judgment based on qualified immunity on claim he used excessive force in shooting plaintiff's deceased as the officer had probable cause to believe that the deceased posed an immediate threat of serious physical harm to him and his partner, and his action was objectively reasonable.
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