Lane & Waterman attorneys Jason O’Rourke, Alex Barnett, and Jenny Juehring successfully obtained summary judgment for the City of Davenport and a Davenport police officer in a federal lawsuit alleging the Defendants violated the constitutional rights of an individual who was shot by a Davenport police officer after fleeing police officers for several minutes on foot in a residential neighborhood while wielding a gun and approaching innocent bystanders. The individual passed away and his family brought the lawsuit alleging the Defendants violated his federal and state constitutional rights.

In a detailed ruling, the United States District Court for the Southern District of Iowa granted Defendants’ Motions for Summary Judgment and dismissed all of the family’s claims. The Court found that the police officer did not violate the individual’s constitutional rights because an objectively reasonable police officer in the police officer’s position would have viewed the individual as an immediate threat to bystanders at the time he was shot. The Court also found that the City of Davenport could not be held liable because the police officer did not violate the individual’s constitutional rights. [Click to read the United States District Court for the Southern District of Iowa’s 32-page decision granting the Defendants summary judgment].

Jason J. O’Rourke joined the firm in 1998. His practice is almost entirely devoted to litigation and appeals. Jason has litigated complex construction cases through jury trials and arbitrations. He has also litigated a number of cases involving noncompetition agreements and post-employment restrictions. Finally, he has handled a variety of commercial and personal injury cases such as breach of contract, wrongful death and premises liability claims.

Alexander C. Barnett joined Lane & Waterman in July 2017 and practices primarily in the area of litigation with focus areas of commercial litigation, construction law, worker’s compensation, and product liability and mass torts.

Jenny Juehring joined Lane & Waterman in August 2020. Her practice focuses primarily on litigation and appeals with focus areas of commercial litigation, employment litigation, and medical malpractice.