Piper Partridge v. City of Benton, Arkansas, No. 21-3001 (8th Cir. 2023)
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Police officers shot and killed a teenage boy. His parents, Plaintiffs, sued the officers and the City of Benton, Arkansas, under Section 1983 and state law. After the district court dismissed the case on the pleadings, the Eighth Circuit court reversed and remanded in part. The district court then granted Defendants’ motion for summary judgment. The parents argued that the parties genuinely dispute how their son moved the gun before being shot and that this dispute is material.
The Eighth Circuit reversed and remanded. The court explained that the parents identified a genuine dispute of material fact about whether their son pointed his gun at the officers. A jury could conclude, based on the expert’s testimony, that Plaintiffs’ son “never pointed the gun at the officers” but instead “moved his gun in compliance with commands to drop his gun.” This precludes summary judgment. The district court’s dismissal of Plaintiffs’ excessive force claim is reversed. Because the district court relied on its excessive-force conclusion to dismiss Plaintiffs’ Monell and state-law claims, those decisions are vacated.
Court Description: [Benton, Author, with Gruender and Shepherd, Circuit Judges] Civil case - Civil rights. For the court's prior opinion in the matter, see Partridge v. City of Benton, 929 F.3d 562 (8th Cir. 2020). There was a genuine dispute as to whether plaintiff's son pointed a gun at defendant police officer Ellison or was lowering the gun away from the officers at the instant Ellison shot him, and the district court erred in granting defendants' motion for summary judgment; the district court's dismissal of plaintiff's excessive force claim is reversed, and the dismissal of plaintiff's Monell and state-law claims is vacated. Judge Shepherd, dissenting.
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