Legal Opinion

Vicki Westcott, Administratrix of the Estate of Arden Westcott, Deceased v. City of Omaha, a Municipal Corporation

Court of Appeals for the Eighth Circuit

Decided May 8, 1990No. 89-1709PublishedCited by 538 opinions

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

  1. Singleton v. WulffSupreme Court of the United States · 1976
  2. Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
  3. Carolyn Morgan v. Church's Fried ChickenCourt of Appeals for the Sixth Circuit · 1987
  4. United States v. ShearerSupreme Court of the United States · 1985
  5. Morton v. BeckerCourt of Appeals for the Eighth Circuit · 1986

8 more not listed; retrieve them via the Exa API.

3Cited by538 opinions

  1. Ashley County, Ark. v. Pfizer, Inc.Court of Appeals for the Eighth Circuit · 2009
  2. George Wiles, Doing Business as Arcadia Valley Office Supply v. Capitol Indemnity Corporation Brown & James, P.C. Nixon and CompanyCourt of Appeals for the Eighth Circuit · 2002
  3. Kanti A. Patel v. Contemporary Classics of Beverly Hills and Herbert Schachter, Alan NeadleCourt of Appeals for the Second Circuit · 2001
  4. Charles Waters v. B. MadsonCourt of Appeals for the Eighth Circuit · 2019
  5. Austin Glick v. Western Power Sports, IncCourt of Appeals for the Eighth Circuit · 2019

533 more not listed; retrieve them via the Exa API.

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