A lawsuit against an Olathe police officer who shot and killed a man in a mental health crisis on New Year’s Eve in 2022, as well as the city of Olathe, can move forward.
In a ruling published this week, Judge Julie Robinson of the U.S. District Court in Kansas City, Kansas, denied parts of the officer’s motion to dismiss the lawsuit, ruling that the officer is not eligible for qualified immunity, a legal doctrine that permits some government officials — like police officers — to avoid personal liability in some instances.
The judge also declined to dismiss the city as a defendant in the lawsuit. However, the judge did dismiss one of the claims as they pertained to the officer in his official capacity.
What does the lawsuit say?
Maria Varnas, whose 27-year-old son Brandon Lynch was killed by police, filed the lawsuit against Officer Conner Thompson and the city of Olathe earlier this year.
In it, she alleges that Thompson’s actions “escalated” a situation with her son, who had a history of schizophrenia that was known to Olathe Police, and “created” the situation where “excessive” and deadly force was used, resulting in Lynch’s death.
The police had been called to get help for Lynch on New Year’s Eve 2022, in what court documents describe as a “welfare check.” His sister, who called 911, had signs of physical injury but was not in the house at the time of Lynch’s killing.
Varnas’ lawsuit also alleges the Olathe Police Department gave inadequate training to officers on crisis response and de-escalation.
Read more about the lawsuit and Lynch’s killing here.
At the time of publication of this story, attorneys representing Varnas had not returned the Post’s request for comment.
What did the judge say?
On Wednesday, Judge Julie Robinson denied the bulk of both Thompson’s and the city’s claims to dismiss the case, ruling in favor of Varnas.
Judge Robinson also ruled that the plaintiff’s evidence as presented could potentially “demonstrate that Officer Thompson used excessive force in violation of Lynch’s Fourth Amendment rights.”
As such, “Officer Thompson is not entitled to qualified immunity,” the ruling says.
That being said, Robinson also ruled that the parts of the suit against Thompson in his official capacity should be dismissed due to redundancy with the claim against the city. That’s because, under existing precedent, it is duplicative to sue both Thompson as an official of the entity and the entity itself.
In an email to the Post, the defendants’ attorney Michael Seck of Fisher, Patterson, Sayler & Smith, LLP, said, “The Judge [simply] ruled that the Complaint has facts sufficient to stay in court but not a finding of a constitutional violation. We proceed with discovery.”
The motion to dismiss was filed in July and the judge’s 20-page ruling was published Wednesday.
The city of Olathe declined to comment, with the city’s chief communications official Cody Kennedy saying in an emailed statement, “As this is a legal matter, the City of Olathe is unable to provide any information or comment at this time.”
Now what?
- The judge’s ruling this week will allow the majority of the federal lawsuit to continue.
- It could mean that there will be a trial or there could be an out-of-court resolution of some kind.
Keep reading: Johnson County DA says Olathe officer was ‘justified’ in killing man with mental illness
