Thompson v. Murray, No. 14-2250 (8th Cir. 2015)
Annotate this CaseFollowing a police pursuit, Murray shot Jermell through the windshield and side window of Jermell’s vehicle. Jermell died from the gunshot wounds. Jermell’s mother sued Murray, another officer (Caudell), Chief of Police Gunderman, and the City of Morrilton, alleging excessive force, supervisory liability, and municipal liability under the federal Civil Rights Act, 42 U.S.C. 1983, and claims under Arkansas law. Murray, Caudell, Gunderman, and the city moved for summary judgment. The district court granted Caudell’s motion, denied the city’s motion, granted Defendants’ motion as it pertained to Thompson’s duplicative official-capacity claims against Murray and Gunderman, and denied Murray’s motion for summary judgment based on qualified immunity. Murray and Gunderman filed an interlocutory appeal. The Eighth Circuit dismissed Murray’s appeal for lack of jurisdiction, and dismissed Gunderman’s claim for want of a reviewable order because the district court did not address or rule on Thompson’s claims against Gunderman in his individual capacity.
Court Description: Wollman, Author, with Gruender, Circuit Judge, and Gritzner, District Judge] Civil case - Civil rights. In an interlocutory appeal from the district court's denial of defendants' motion for summary judgment based on qualified immunity, at bottom the defendants' arguments were about the sufficiency of the evidence, a question the court lacks jurisdiction to review; defendant Gunderson's appeal is dismissed for lack of an reviewable order since the district court did not enter an order denying him qualified immunity or otherwise resolving his motion for summary judgment on the individual capacity claims against him.
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