MCELREE v. CITY OF CEDAR RAPIDS

No. 19-2323.

983 F.3d 1009 (2020)

Twyla MCELREE; Mikaela Gossman, Surviving Spouse of Jonathan Tyler Gossman, on her own behalf, next friend of L.R.G., next friend of Z.A.G., Plaintiffs-Appellants v. CITY OF CEDAR RAPIDS, Defendant-Appellee Wayne Jerman, in his official capacity; Brent Long, in his official capacity; Jeff Hembera, in his official capacity, Defendants Nathan Juilfs, in his individual capacity, Defendant-Appellee Christopher Bieber, in his official capacity, Defendant Lucas Jones, in his official capacity; Brandon Boesenberg, in his official capacity; Bryson Garringer, in his official capacity, Defendants-Appellees John Does, 1-5, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: December 23, 2020.


Attorney(s) appearing for the Case

Judith Mack O'Donohoe , ELWOOD & O'DONOHOE, Charles City, IA, for Plaintiffs-Appellants.

Elizabeth Jacobi , CEDAR RAPIDS ATTORNEY'S OFFICE, Cedar Rapids, IA, Wilford H. Stone , LYNCH & DALLAS, Cedar Rapids, IA, for Defendant-Appellee City of Cedar Rapids.

Mohammad H. Sheronick , Cedar Rapids, IA, Wilford H. Stone , LYNCH & DALLAS, Cedar Rapids, IA, for Defendant-Appellee Nathan Juilfs.

Nathan M. Kooker , Wilford H. Stone , Gregory Thomas Usher , LYNCH & DALLAS, Cedar Rapids, IA, for Defendant-Appellee Lucas Jones.

Mohammad H. Sheronick , Cedar Rapids, IA, for Defendants-Appellees Brandon Boesenberg and Bryson Garringer.

Before COLLOTON, GRUENDER, and GRASZ, Circuit Judges.


Officers from the Cedar Rapids Police Department shot and killed Jonathan Gossman during an altercation after stopping his vehicle to investigate possible drug crimes. Several of Gossman's relatives sued the officers and the city asserting various federal and state law claims under the United States Constitution, the Iowa Constitution...

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