Capps v. Olson, No. 14-1782 (8th Cir. 2015)
Annotate this CaseResponding to a report of an assault that was no longer in progress, Sheriff's Deputy Olson shot and killed Capps. Capps's parents sued Deputy Olson for using excessive force in violation of 42 U.S.C. 1983. Deputy Olson alleges Capps was charging towards him with a weapon at the time of the shooting. Capps's parents allege Deputy Olson shot Capps in the back when Capps was unarmed. Deputy Olson moved for summary judgment based on qualified immunity. The district court denied the motion, holding that outstanding questions of fact precluded a grant of qualified immunity. The Eighth Circuit affirmed. Deputy Olson had fair and clear warning at the time of the shooting that the use of deadly force against a suspect who did not pose a threat of serious bodily injury or death was unconstitutional.
Court Description: Civil case - Civil rights. In an action alleging defendant Deputy Olson used excessive force when he shot and killed plaintiffs' decedent, the district court did not err in denying Olson's motion for summary judgment based on qualified immunity as there were outstanding questions of material fact as to whether the decedent was moving toward the officer when he fired the first shot and whether he was armed or in possession of an item the officer could reasonably believe to be a weapon; further, the constitutional right in the case was clearly established as a reasonable officer would have understood that use of deadly force against a fleeing subject who did not pose a significant and immediate threat of serious injury or death to others was not permitted. [ March 13, 2015
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