Thompson v. Dill, No. 17-3358 (8th Cir. 2019)
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Plaintiffs filed suit against a trooper, alleging that the trooper used excessive force when he shot and killed Gerry Thompson during a domestic disturbance response. The district court denied the trooper's motion for summary judgment based on qualified immunity and the trooper appealed.
The Eighth Circuit dismissed the trooper's appeal, holding that the appeal turned on disputed issues of fact as to what occurred before the shooting and thus the court lacked jurisdiction.
Court Description: Grasz, Author, with Gruender and Kelly, Circuit Judges] Civil case - Civil rights. In this action alleging defendant deputy sheriff Dill used excessive force when he shot and killed plaintiff's husband after responding to a domestic disturbance call at the couple's home, the district court's denial of Dill's motion for summary judgment based on qualified immunity turned on disputed issues of fact as to what happened before the shooting; as a result, this court lacks jurisdiction over Dill's appeal, and the appeal is dismissed. Judge Kelly, concurring.
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