Franklin v. Franklin County, Arkansas, No. 19-1854 (8th Cir. 2020)
Annotate this CaseAfter Cody Franklin died in police custody, his father, as administrator of his estate, sued the police officers who struggled with Franklin the night he died, and against the municipalities who employed them. The elder Franklin asserted claims under 42 U.S.C. 1983 for excessive force, and claims under state law for battery and wrongful death. The district court entered summary judgment in favor of the municipalities and all but two of the officers. Those officers filed an interlocutory appeal, arguing they were entitled to qualified immunity on all claims. After review, the Eighth Circuit agreed with the officers with respect to the federal claims, and remanded. With respect to the state claims, the Court remanded for further proceedings, including a determination whether to exercise supplemental jurisdiction over those claims.
Court Description: [Arnold, Author, with Gruender and Shepherd, Circuit Judges] Civil case - Civil rights. The district court erred in denying the defendant officers' motion for summary judgment based on qualified immunity as their use of force, including a taser and their body weight, was reasonable where the plaintiff's decedent was combative and resistant to the officers' efforts to remove him from a cell.
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