Kenney v. Floyd, No. 12-1631 (1st Cir. 2012)Annotate this Case
In 2007, there were two shooting deaths, one of a civilian, Liko Kenney, and one of a police officer, Bruce McKay, in Franconia, New Hampshire. Following a traffic stop, Kenney shot Officer McKay four times and ran over him twice with his car. Thereafter, a witness to the shooting, Gregory Floyd, approached Kenney and asked him to drop his weapon. When Kenney refused, Floyd shot and killed Kenney, fearing that Kenney might shoot Floyd or his son, who had gone to McKay's assistance. In this civil rights action, under 42 U.S.C. 1983, David Kenney, the civilian victim's father and the executor of his son's estate, sued McKay, the town of Franconia and its police officials, and Floyd. The district court granted the town and police defendants' motion for summary judgment as to all federal claims, concluding that Plaintiff lacked sufficient evidence to prove any violation of Kenney's Fourth Amendment rights had occurred. The Supreme Court affirmed, holding (1) Plaintiff failed to offer any evidence of a constitutional violation regarding McKay's actions toward Kenney; and (2) therefore, the claims against the town and McKay's supervisors also failed.
The court issued a subsequent related opinion or order on December 21, 2012.