Westcott V. City Of Omaha
By United States Court of Appeals for the Eighth Circuit
- Release Date - Published: 1990-05-08
- Book Genre: Law
- Author: United States Court of Appeals for the Eighth Circuit
Westcott V. City Of Omaha United States Court of Appeals for the Eighth Circuit read online review & book description:
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 out of a battery for the purposes of Nebraska's Political Subdivisions Tort Claims Act, Neb.Rev.Stat. §§ 13-901 to -926 (Reissue 1987). We hold that this claim does arise out of a battery, and we affirm the judgment of the district court.*fn1
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