Kessler v. Barowsky

JOHNSON, Justice.

This is a wrongful death case arising out of an arrest. We conclude that the trial court incorrectly granted summary judgment dismissing claims for negligent planning and execution of the arrest, and for negligent supervision, and dismissing civil rights claims against state law enforcement officers as individuals. We uphold the trial court’s summary judgment dismissing the civil rights claims against the state, the county, and the sheriff, and against the state officers in their official capacities.

I

THE BACKGROUND AND PRIOR PROCEEDINGS

Bobbie Kessler (Bobbie) worked as a…