Vicki Westcott, Administratrix of the Estate of Arden Westcott, Deceased v. City of Omaha, a Municipal Corporation
Court of Appeals for the Eighth Circuit
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
On October 29, 1986, Joseph Crinklaw, an officer of the Omaha Police Department, responded to a burglary alarm at a pharmacy. When Officer Crinklaw arrived at the pharmacy, he saw Arden Westcott (“Decedent”) standing near the store’s rear door. Decedent then began to run from Crinklaw, who saw two flashes of light come from Decedent’s hand. After seeing the flashes of light, Crinklaw fired two bullets at Decedent; one of the bullets struck Decedent in the back, causing a fatal wound. The only issue in this case is whether a claim based upon that shooting arises…
2Cases cited13 opinions
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- Morton v. BeckerCourt of Appeals for the Eighth Circuit · 1986
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