NEAL v. ST. LOUIS COUNTY BD. OF POLICE COM'RS

No. 99-2938.

217 F.3d 955 (2000)

Jennifer NEAL, Personal Representative of the Estate of deceased Willie Neal, Jr.; Jennifer Neal, on her own behalf, Appellants, Willie Neal, Sr.; Jamelah Neal; Whitney Neal, by their next friend nfr Jennifer Neal, Plaintiffs, v. ST. LOUIS COUNTY BOARD OF POLICE COMMISSIONERS; St. Louis County Police Department; Ronald Battelle, Chief of St. Louis County Police Department; Robert Flagg, Chairman; Gene Warmann, Vice Chairman; Patrick Pwardowski, Secretary; Sheila Hoffmeister, Member; Leon Burke, member, comprising the St. Louis County Board of Police Commissioners; Carl Peterson, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed July 3, 2000.

Rehearing Denied August 10, 2000.


Attorney(s) appearing for the Case

Daniel L. Mohs, St. Louis, MO, argued, for appellant.

Christopher J. McCarthy, Clayton, MO, argued (Patricia Reddington, on the brief), for appellee.

Before: WOLLMAN, Chief Judge, MAGILL, Circuit Judge, and FRANK, District Judge.


MAGILL, Circuit Judge.

This appeal requires us to decide whether a police officer violates the Fourteenth Amendment's guarantee of substantive due process by accidently shooting another officer while attempting to protect the other officer from an armed suspect. We answer no, and hold that in such circumstances only a purpose to cause harm to the threatened officer will satisfy the element of conscience-shocking conduct necessary for a due process violation.

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