N.S. v. Thompson, No. 18-1537 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit held that the district court erred in denying summary judgment based on qualified immunity to the officer who shot and killed the decedent during a police chase. The court held that the district court failed to meet it threshold duty to make a thorough determination of the officer's claim of qualified immunity, and thus the case must return to the district court for a second look. Therefore, the court vacated and remanded. The court also remanded for reconsideration of the officer's claim of official immunity.
Court Description: Stras, Author, with Loken and Wollman, Circuit Judges] Civil case - Civil rights. In action where defendant police officer shot and killed plaintiff's decedent, the district court erred in denying defendant's motion for summary judgment based on qualified immunity; the court failed in its threshold duty to make a thorough determination of defendant's claim of qualified immunity and the matter must be remanded for further proceedings; on remand, the district court should also reconsider defendant's claim for official immunity.
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