# Anna Wealot v. Alvin Brooks

> Court of Appeals for the Eighth Circuit · August 4, 2017 · 865 F.3d 1119

URL: https://www.frixlaw.com/law-library/cases/9877725

## Case

- **Full name:** Anna M. WEALOT, Individually and as Natural Mother and Lawful Heir of Waylen Wealot, Deceased, Plaintiff-Appellant v. Alvin BROOKS, Member, Kansas City Board of Police Commissioners; Chief Darryl Forte; Michael Kilgore, Member, Kansas City Board of Police Commissioners; Angela Wasson-Hunt, Member, Kansas City Board of Police Commissioners; Michael Rader, Member, Kansas City Board of Police Commissioners; Mayor Sly James, Member, Kansas City Board of Police Commissioners; David Kenner, Member, Kansas City Board of Police Commissioners; Officer Megan Gates; Officer Kevin Colhour, Defendants-Appellees
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** August 4, 2017
- **Citations:** 865 F.3d 1119; 2017 U.S. App. LEXIS 14335; 2017 WL 3317521
- **Precedential status:** Published
- **Opinion:** Concurrence by Wollman
- **Judges:** Riley, Wollman, Kelly
- **Cited by:** 58 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9877725

## How later opinions describe it (automated extraction)

- concluding that a mistake by police officers, who shot an unarmed man, didn’t entitle them to qualified immunity at the summary judgment stage because a reasonable fact-finder could regard the mistake as unreasonable given the existence of conflicting accounts
- holding that under Missouri law “[a] finding of malice requires ‘conduct which is so reckless or wantonly and willfully in disregard of one’s rights that a trier of fact could infer form such conduct bad faith or any improper or wrongful motive’”
- finding genuine disputes of material fact regarding whether the officers knew the suspect was unarmed and whether the suspect was turning around to officers with his hands raised to surrender, where “[t]he officers’ key testimony about the gun is controverted by other witnesse…
- holding that officers were entitled to official but not qualified immunity
- noting it was clearly established in 2013 that shooting a suspect attempting to surrender was not objectively reasonable

## Opinion text

*1130 WOLLMAN, Circuit Judge,
concurring.
I concur in all but footnote 4 of the opinion. Our circuit’s requirement of a clear statement that a defendant is being sued in an individual capacity may represent “a lonely position” on the issue, but it is one that must be addressed to the court en banc. Baker v. Chisom, 501 F.3d 920 , 924 n.2 (8th Cir. 2007). I would treat the defendants’ failure to raise the issue as constituting their sub silentio acquiescence in an unexpressed motion to amend the complaint and then deem the complaint to be correspondingly amended. Cf. Murphy v. State of Ark., 127 F.3d 750 , 755 (8th Cir. 1997).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9877725. Public record. Not legal advice.