Jerry Capps v. David Olson
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MELLOY, Circuit Judge.
Sheriffs 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…
2Cases cited11 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Pearson v. CallahanSupreme Court of the United States · 2009
- Anderson v. CreightonSupreme Court of the United States · 1987
- Tolan v. CottonSupreme Court of the United States · 2014
- Brosseau v. HaugenSupreme Court of the United States · 2004
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