Loretta Johnson v. City of Unalakleet

MEMORANDUM

Dane Johnson became intoxicated and drove his four-wheeler down the main street of the City of Unalakleet. While driving erratically and on the wrong side of the road, he ran his four-wheeler over a ten-year-old girl. The collision seriously injured her and knocked her unconscious. A few minutes later, Officer Turner arrived at the scene, hand-cuffed Johnson with his hands in front, and placed him in the back of his police car without first frisking him. Over the next several minutes, Officer Turner tended to the unconscious victim, managed the crowd that had gathered, called dispatch several times to request paramedics and a state trooper, interviewed witnesses, and prevented the victim’s father from retaliating against Johnson. Officer Turner also returned to the police car to tell Johnson that the victim would probably be all right. Twelve minutes after Officer Turner arrived at the scene, Johnson shot and killed himself with a handgun he had concealed on his person.

Johnson’s parents and estate (the Appellants) sued Officer Turner and the City of Unalakleet (the City) under 42 U.S.C. § 1988 . The Appellants argue that Officer Turner violated Johnson’s due process…