Shumpert v. City of Tupelo

The Fifth Circuit affirmed the district court's grant of summary judgment dismissing plaintiff's Fourth Amendment, 42 U.S.C. 1983 excessive force, and state law claims against the city and a police officer after the officer shot and killed Antwun Shumpert. The court affirmed the district court's grant of summary judgment to the City on plaintiff's Fourth Amendment and section 1983 claims where plaintiff failed to satisfy the requirements for municipal liability under Monell v. Dep't of Soc. Servs., 436 U.S. 658, 692 (1978). Because plaintiff failed to provide evidence of an official policy or custom of which a policy maker could be charged with actual or constructive knowledge that caused the constitutional violations, the district court properly granted summary judgment on the Fourth Amendment claims.The court also held that the district court properly determined that the officer was entitled to qualified immunity on the K9 force claim where plaintiffs failed to demonstrate that the officer's use of K9 force was objectively unreasonable in light of clearly established law. Furthermore, the officer was entitled to qualified immunity on the deadly force claim where his use of deadly force did not violate clearly established law. Finally, the state law claims were properly dismissed against the officer, and the district court did not abuse its discretion in declining to sanction defendants. View "Shumpert v. City of Tupelo" on Justia Law