Charles A. Murray v. Gerald Leyshock

MAGILL, Circuit Judge.

Plaintiff, Charles A. Murray, appeals the United States Magistrate’s1 order granting St. Louis policeman Gerald Leyshock’s motion for judgment notwithstanding the jury verdict (JNOV) on Murray’s state law negligence claim.2 The magistrate concluded that because Leyshock was involved in discretionary conduct at the time of Murray’s injury, Missouri’s official immunity doctrine barred Murray’s recovery as a matter of law.3 We affirm.

*1198I.

On October 15, 1985,4 several police officers executed a search warrant for drug activity at a house in St. Louis. Although they saw a man…