Federal suits in fatal shootings by Wichita police officers dismissed

Federal civil rights lawsuits accusing the city of Wichita and some of its police officers of wrongdoing in two fatal shootings have been dismissed by federal judges presiding over the cases.

The suits, which each sought more than $75,000 in damages, were brought by the families of Troy Lanning II and Karen Jackson, who were killed by Wichita police officers in 2012.

Both contend police violated the victims’ constitutional rights against the use of excessive force.

The lawsuit filed over Lanning’s shooting also says the city was deliberately indifferent to training needs, told officers to assume the worst rather than act according to factors that actually exist in a situation and failed to provide needed supervision for the officer who fired at him.

Lanning, 24, died on April 1, 2012, after he was shot six times by Officer Randy Williamson during a foot chase that came after a report of a possible drive-by shooting. Williamson fired after Lanning, who was unarmed, allegedly reached into a bag.

Jackson, 45, died on July 10, 2012, after Officers Elizabeth Martin and Bryan Knowles shot her as she walked toward them with a butcher knife, stabbing herself and calling on them to fire. She refused commands to drop the weapon.

U.S. District Judge J. Thomas Marten dismissed the federal claims in Lanning’s lawsuit on Jan. 9, saying the plaintiff failed to show violations by the officer of “clearly established law” or evidence of training deficiencies.

Judge Kathryn Vratil sided with the city and police in the Jackson lawsuit two days later, saying the officers could reasonably have believed their actions were justified under the circumstances.

Wichita attorney James A. Thompson, one of two attorneys representing both families, called the decisions “a harsh result.”

The families “are not happy that qualified immunity (which protects government officials from civil liability in certain circumstances) is so narrowly defined,” he said. “But they understand that that’s the process and they’re trying to be patient and as understanding as they can, given that they’ve lost their loved one.”

Steven Pigg, an attorney defending the city in both lawsuits, would not comment.

Lanning’s and Jackson’s families also asked the court to take up matters of Kansas law as part of their lawsuits. But because the judges dismissed the federal claims, they aren’t obligated to continue those complaints at the federal level, according to court documents.

Thompson said he plans to pursue the state law complaints in Sedgwick County District Court “relatively soon.” He did not know when those suits would be filed.

The claims against the state in Lanning’s lawsuit allege negligence in hiring, retention and supervision of officers; wrongful death; and intentional infliction of emotional distress.

Jackson’s family was suing under Kansas law for wrongful death, negligence and battery.

Sedgwick County District Attorney Marc Bennett announced in January 2013 that the officers involved in Jackson’s shooting would not face criminal charges.

The office’s investigation into Lanning’s shooting “remains open, subject to further investigation,” he said in an e-mail last week. “The office will assess any additional information brought to our attention by law enforcement.”

Williamson left the police department in 2013 after prosecutors accused him of firing at and damaging a building in south Wichita while he was on duty and then lying about the reasons he did it. That shooting happened in September 2012, five months after Lanning’s death.

This story was originally published January 24, 2017 at 7:51 AM with the headline "Federal suits in fatal shootings by Wichita police officers dismissed."