Eighth Circuit Holds Suit against South Dakota Police Officer for Shooting Indian Suspect in the Back May Proceed

Here is the opinion in Capps v. Olson.

An excerpt:

Sheriff’s Deputy David Olson shot and killed Christopher Capps (Capps).
Capps’s parents, Jerry and Jaylene Capps, sued Deputy Olson for using excessive
force against their son in violation of 42 U.S.C. § 1983. Deputy Olson alleges Capps
was charging towards him with a weapon at the time of the shooting. Capps’s parents 
allege Deputy Olson shot Capps in the back when Capps was unarmed. Deputy
Olson moved for summary judgment based on qualified immunity. The district court
1
denied Deputy Olson’s motion, holding that outstanding questions of fact precluded
a grant of qualified immunity. For the reasons stated below, we affirm.

  

One thought on “Eighth Circuit Holds Suit against South Dakota Police Officer for Shooting Indian Suspect in the Back May Proceed

Comments are closed.