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David W. Gardner v. Board of Police Commissioners, For Kansas City, Missouri; Karl

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Submitted: January 13, 2011

Before COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges.

On September 24, 2007, Kansas City, Missouri, police officer Joel Ritchie shot and injured David Gardner. Gardner brought this action under 42 U.S.C. § 1983 and various state-law theories against Ritchie, several other police officers, the police chief, the Board of Police Commissioners of Kansas City, and the individual members of the Board. The district court granted Ritchie’s motion for summary judgment in part and granted the remaining defendants’ motion for summary judgment in full. As relevant to this appeal, the court concluded that Ritchie was not entitled to qualified immunity with respect to Gardner’s § 1983 claim that alleged a violation of the Fourth Amendment. Ritchie appeals the court’s determination on qualified immunity. We vacate and remand for further proceedings.

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