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GARDNER v. BOARD OF POLICE COM'RS, FOR KANSAS CITY
641 F.3d 947 (2011)
David W. GARDNER, Appellee,
v.
BOARD OF POLICE COMMISSIONERS, FOR KANSAS CITY, MISSOURI; Karl Zobrist, in his individual and official capacity as President of the Board of Police Commissioners of KCMO; Terry Brady, in his individual and official capacity as Vice President of the Board of Police Commissioners of KCMO; Mark Thompson, in his individual and official capacity as a member of the Board of Police Commissioners of KCMO; James Wilson, in his individual and official capacity as a member of the Board of Police Commissioners of KCMO; Mark Funkhouser, in his individual and official capacity as a member of the Board of Police Commissioners of KCMO; Officer John Doe, in his official capacity as a police officer of the KCMO Police Department and in his individual capacity; Sergeant Jane Doe, in her official capacity as a police officer of the KCMO Police Department and in her individual capacity; James Corwin, in his individual and official capacity; David Bernard in his individual and official capacity; Samantha Parkhurst, in her individual and official capacity, Defendants,
Joel Ritchie, in his individual and official capacity, Defendant/Appellant,
Michael Hutcheson, in his individual and official capacity; Laura Barton, in her individual and official capacity; Christine Laughlin, in her individual and official capacity, Defendants.
No. 10-2179.
United States Court of Appeals, Eighth Circuit.
Submitted: January 13, 2011.
Filed: June 9, 2011.
Diane Peters, Asst. Atty. Gen., Kansas City, MO, argued (Chris Koster, Atty. Gen., Jefferson City, MO, on the brief), for appellant.
Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges.
COLLOTON, Circuit Judge. On September 24, 2007, Kansas City, Missouri, police officer Joel Ritchie shot and injured David Gardner. Gardner brought this action under 42 U.S.C. § 1983 and various state-law theories against Ritchie, several other police officers, the police chief, the Board of Police Commissioners of Kansas City, and the individual members of the Board. The district court granted Ritchie's motion for summary judgment in part and granted the remaining defendants' motion for summary judgment in full. As relevant to this appeal, the court concluded that Ritchie was not entitled to qualified immunity with respect to Gardner's § 1983 claim that alleged a violation of the Fourth Amendment. Ritchie appeals the court's determination on qualified immunity. We vacate and remand for further proceedings. I.We recite the facts in the light most favorable to Gardner. On the evening of September 24, 2007, Ritchie responded to a homicide scene. Ritchie, who suffers from Type I diabetes, had difficulty controlling his blood sugar level during the course of the day. While at the homicide scene, he experienced intense hunger, and asked a fellow officer to take him to a nearby gas station. During the drive to the gas station, Ritchie did not respond to questions or engage in conversation with the other officer. After arriving, Ritchie entered the gas station's convenience store and consumed a donut and soda. Ritchie then exited the convenience store and fired his service weapon until it was empty. One bullet hit and injured Gardner, who was seated in his tractor-trailer in the gas station's parking area. Several bullets also hit the tractor-trailer. After the shooting, Ritchie left the premises, and an officer found him walking down the street about a quarter mile from the gas station. The officer reported that Ritchie appeared disoriented, and the officer asked Ritchie to sit down until other officers arrived. Ritchie claims that at the time of the shooting, he was experiencing a hypoglycemic reaction as a result of his diabetes. He maintains that because of his condition, he did not form an intent to
fire his weapon, much less to shoot Gardner. Gardner filed this action pursuant to § 1983 and various state-law theories. Gardner alleged, as relevant here, that Ritchie violated his right under the Fourth Amendment (as incorporated against the States by the Fourteenth) to be free from an unreasonable seizure. Ritchie moved for summary judgment, asserting, inter alia, that he is entitled to qualified immunity. The district court denied the motion in relevant part, concluding that the facts, viewed in the light most favorable to Gardner, established a violation of the Fourth Amendment, and that the law was clearly established at the time of the shooting. II.
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