Aipperspach v. McInerney, et al., No. 13-2942 (8th Cir. 2014)Annotate this Case
Plaintiff filed suit under 42 U.S.C. 1983, alleging that law enforcement officers used excessive force when they shot and killed her brother (Mahir S. Al-Hakim). The district court granted summary judgment to the City, its police chief, and Officers Ballard and Westrich. The court also granted summary judgment to the Kansas City Board of Police Commissioners and Officers McLaughlin. The court agreed with the district court that the officers' use of deadly force was objectively reasonable and therefore Al-Hakim's Fourth Amendment rights were not violated. The court rejected plaintiff's primary argument that the district court erred in disregarding video footage taken from a news helicopter. The court concluded that the district court viewed the video and concluded that it could not answer the issue of objective reasonableness from the perspective of an officer on the ground. Accordingly, the court affirmed the judgment of the district court.