GARDNER v. BOARD OF POLICE COM'RS, FOR KANSAS CITY

No. 10-2179.

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.

United States Court of Appeals, Eighth Circuit.

Filed: June 9, 2011.


Attorney(s) appearing for the Case

Diane Peters , Asst. Atty. Gen., Kansas City, MO, argued ( Chris Koster , Atty. Gen., Jefferson City, MO, on the brief), for appellant.

Kelly C. Tobin , TKM Law, LLC, Kansas City, MO, argued, for appellee.

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...

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