1 day Ago By Kansas City Star
A former Kansas City police detective, who is being sued after he shot and , is not entitled to qualified immunity because he violated the man’s constitutional rights, a federal judge ruled. Qualified immunity protects officers from liability most of the time and is a steep hurdle to overcome in civil lawsuits. But U.
S. District Judge Beth Phillips said in a partial order issued Wednesday that Eric DeValkenaere violated ’s Fourth Amendment rights when he went onto Lamb’s property without a warrant. Therefore, the former detective was not entitled to qualified immunity.
DeValkenaere, who is white, fatally shot Lamb, 26, in December 2019 as he backed up his truck into his garage on the East Side. The killing prompted outrage from the community. of second-degree involuntary manslaughter and armed criminal action and in prison.
Prosecutors had argued DeValkenaere did not have the right to be on the private property without a warrant. Phillips wrote that “it was well established” that Fourth Amendment protections extend to the curtilage surrounding a home. The residence was fenced and shielded from view by bushes.
A barbecue grill and car hood also blocked a public view of the backyard. Phillips noted that DeValkenaere kicked the barricade over and entered the backyard. Lamb’s family filed a federal lawsuit in June 2021.
The question of damages on the Fourth Amendment violation and an excessive force claim are expected to go before a jury. The lawsuit seeks more than $10 million in compensatory damages. “We are pleased with the ruling and are looking forward to presenting our case to a jury on our claim that DeVaulkenaere used more force than reasonably necessary in killing Cameron Lamb,” said David Smith, who represents Lamb’s mother Laurie Bey.
“We pray that he does not appeal the ruling and further delay the justice that is due this family and this community.” The Kansas City Police Department and attorneys for DeValkenaere did not immediately respond to requests for comment. DeValkenaere is believed to be incarcerated at an out-of-state prison.
His family filed a clemency request with Gov. Mike Parson, who last month edged closer to saying he will DeValkenaere’s sentence..
