Loch v. City of Litchfield

• Decision Date: 27 August 2012
• Docket Number: No. 11–3618.,11–3618.
• Parties: Cassidy Jared LOCH; Saara Loch, Plaintiffs–Appellants v. CITY OF LITCHFIELD; Litchfield Police Officer Travis Rueckert, Defendants–Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

689 F.3d 961

Cassidy Jared LOCH; Saara Loch, Plaintiffs–Appellants
v.
CITY OF LITCHFIELD; Litchfield Police Officer Travis Rueckert, Defendants–Appellees.

No. 11–3618.

United States Court of Appeals,
Eighth Circuit.

Submitted: June 12, 2012.
Filed: Aug. 27, 2012.

[689 F.3d 963]

Wilbur W. Fluegel, argued, Minneapolis, MN, Michael Bryant, on the brief, Waite Park, MN, for appellants.

Jon K. Iverson, argued, Stephanie A. Angolkar, on the brief, Bloomington, MN, for appellees.

Before MURPHY, MELLOY, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Cassidy Loch and his wife, Saara Loch, brought this action under 42 U.S.C. § 1983, alleging that City of Litchfield police officer Travis Rueckert employed excessive force when he shot Cassidy Loch eight times. The Lochs also assert state-law tort claims against Rueckert and seek to hold the City vicariously liable for Rueckert's actions. The district court ¹ granted summary judgment for the defendants, ruling that Rueckert was entitled to qualified immunity on the § 1983 claim and that official immunity barred the Lochs' state-law claims. The Lochs appeal, and we affirm.

I.

On March 14, 2009, the Lochs attended a party at a friend's home. Saara left the party around 10:00 or 10:30 p.m., but returned around 1:00 a.m. with her brother, Seth Rokala, to pick up Cassidy. Cassidy, who was very intoxicated, did not want to leave the party, and the Lochs began to argue. Rokala tried to take Cassidy's keys to prevent him from driving, but Cassidy entered his truck and drove away. Saara and Rokala pursued Cassidy in another vehicle.

Upon arriving at the Lochs' home, Saara and Rokala found Cassidy's truck in the driveway. Rokala parked behind the truck to block Cassidy from leaving, and Saara went into the house. Inside, she encountered Cassidy, who looked at Saara,

[689 F.3d 964]

said nothing, and went outside to his truck. Cassidy tried to maneuver his truck out of the driveway but struck Saara's vehicle. Cassidy's mother, Gail, arrived in response to a phone call from Saara and positioned her vehicle to block Cassidy's exit. Undeterred, Cassidy attempted to drive through the yard, but his truck became stuck in a snowbank.

Rokala began to argue with Cassidy, as Saara and Gail urged Cassidy to get out of the truck and calm down. Rokala's wife, Elizabeth, called the police at 1:31 a.m. and reported that Cassidy was “drunk and ... driving out of control in his yard.” A dispatcher sent Officer Rueckert to the Lochs' home, telling him that there was a man there “under the influence [and] trying to leave the residence.”

Meanwhile, while still in his truck, Cassidy drew a .45 caliber handgun, pointed it at his chin, and said “is this what you want me to do?” He then struck the driver's side window with the gun, shattering the window. Rokala began to fight Cassidy for the gun and tried to pull him out of the truck.

Officer Rueckert arrived on the scene and parked his vehicle in the street. As Rueckert began walking toward Cassidy's truck, Rokala yelled that Cassidy had a gun. Rueckert drew his firearm and retreated to his vehicle, taking cover behind the engine block and notifying his dispatcher by radio that someone at the scene had a gun. Around this time, Rokala saw Cassidy throw his gun out the window. Rueckert, however, did not see Cassidy throw the firearm, and Rokala did not tell Rueckert that Cassidy had done so. From behind his vehicle, Rueckert watched as Cassidy tried to open the driver's side door of the truck. Finding the door blocked by a tree, Cassidy kicked the glass out of the window and climbed out of the vehicle.

Once outside, Cassidy engaged Rokala in a “nose-to-nose” confrontation. Fearing for Rokala's safety, Rueckert pointed his firearm at Cassidy and ordered everyone to get on the ground. Rather than heed this command, Cassidy turned and began walking toward Rueckert with his hands raised above his head or extended out to his sides. As Cassidy continued toward him, Rueckert began backing up and repeatedly ordered Cassidy to the ground. Cassidy did not comply, and Rueckert heard him say something that included the word “kill.” Saara, Gail, and Rokala yelled that Cassidy was unarmed, but Rueckert denies hearing them.

Cassidy continued toward Rueckert, and as he reached the edge of the street, Cassidy slipped on a snowbank and tried to right himself. As he did so, one of Cassidy's hands moved toward his side. Rueckert began firing, and Cassidy was hit multiple times. In an interview several hours after the shooting, Rueckert told an investigator that he had seen a black object on Cassidy's hip and believed it was a holster or firearm. It turned out that Cassidy was wearing a cell phone holder on his side.

After the shooting, Rueckert radioed “shots fired, one down,” and requested assistance, stating, “I don't have the gun yet.” Litchfield Chief of Police Patrick Fank arrived on the scene, and Rueckert told Fank that he had not yet recovered the firearm. Rueckert did not mention the black object on Cassidy's hip. Rueckert searched Cassidy's person and truck, but found no firearm. Rokala eventually led Rueckert to the gun, which sat in the snow near Cassidy's truck.

The Lochs filed suit under § 1983, alleging that Rueckert employed excessive force in violation of the Fourth Amendment. They also brought state-law claims against Rueckert for assault, battery, and

[689 F.3d 965]

intentional infliction of emotional distress, and Saara sued for loss of consortium. ² The district court granted summary judgment for the defendants. The court ruled that Rueckert's use of deadly force was objectively reasonable under the circumstances, and that Cassidy therefore could not establish the violation of a constitutional right. The court concluded that the Lochs' state-law claims were barred by official immunity under Minnesota law.

II.

We review de novo the district court's order granting summary judgment, viewing the evidence in the light most favorable to the Lochs and drawing all reasonable inferences in their favor. Schoelch v. Mitchell, 625 F.3d 1041, 1045 (8th Cir.2010). Summary judgment is appropriate if “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a).

A.

The Lochs argue that there are genuine issues of fact about whether Rueckert's use of force was objectively reasonable and whether Rueckert is entitled to qualified immunity against the Lochs' excessive force claim. Qualified immunity shields a government official from liability and the burdens of litigation unless his conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). An official is entitled to qualified immunity unless (1) the evidence, viewed in the light most favorable to the plaintiff, establishes a violation of a constitutional or statutory right, and (2) the right was clearly established at the time of the violation. See Pearson v. Callahan, 555 U.S. 223, 232, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009).

The Lochs' claim of...