McElree v. City of Cedar Rapids, No. 19-2323 (8th Cir. 2020)
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After officers from the Cedar Rapids Police Department shot and killed Jonathan Gossman during an altercation after stopping his vehicle to investigate possible drug crimes, Gossman's relatives filed suit against officers and the city, alleging various federal and state law claims under the United States Constitution, the Iowa Constitution, and Iowa tort law.
The Eighth Circuit affirmed the district court's grant of summary judgment to the officers and the city, holding that, collectively, the officers' observations were enough to support the belief that criminal activity might have been afoot; the officers' first attempt to detain Gossman was also supported by reasonable suspicion; an officer's decision to release his canine to subdue the struggling Gossman and keep him from leaving was not unreasonable; police reasonably believed that Gossman posed a serious threat to their safety when he drew a gun; and the officers' use of deadly force was justified and did not violate the Fourth Amendment. The court also held that the district court properly disposed of the state law assault and false arrest claims.
Court Description: [Grasz, Author, with Colloton and Gruender, Circuit Judges] Civil case - Civil rights. The stop of the truck in which plaintiffs' decedent was riding was supported by probable cause to believe the individuals in the truck were involved in methamphetamine manufacture; officers' attempt to detain plaintiffs' decedent was supported by reasonable suspicion that he was armed; officer's decision to release his canine to subdue plaintiffs' decedent and keep him from leaving the scene was reasonable; when the dog caught plaintiffs' decedent he drew a gun and the officers reasonably believed he posed a serious threat to their safety; their use of deadly force was justified and did not violate the Fourth Amendment; district court properly disposed of plaintiffs' state law assault and false arrest claims.
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