Loch, et al. v. City of Litchfield, et al., No. 11-3618 (8th Cir. 2012)Annotate this Case
Plaintiff and his wife brought this action under 42 U.S.C. 1983, alleging that a city police officer employed excessive force when he shot plaintiff eight times. The court held that the district court properly granted summary judgment in favor of the officer on plaintiff's 1983 claim where the officer acted objectively reasonable under the circumstances. The district court ruled that if plaintiff sought to hold the city liable for the officer's alleged state-law torts, then the officer was entitled to official immunity, and the city was thus entitled to vicarious official immunity. The court agreed with this conclusion and affirmed the judgment.
Court Description: Civil case - Civil Rights. In action alleging Litchfield police officer used excessive force when he shot plaintiff, the district court did not err in granting defendants summary judgment as the officer's use of deadly force was objectively reasonable under the circumstances; City could not be held liable under Section 1983 on a respondeat superior theory; since the officer was entitled to official immunity on plaintiffs' state law claims, the City was entitled to vicarious official immunity on the claims. [ August 24, 2012