No. 23-3329 ___________________________

Reshonda Sanders, as Administrator of the Estate of Donnie Sanders

lllllllllllllllllllllPlaintiff

Latetia Nunley

lllllllllllllllllllllPlaintiff - Appellee

Zahleyiah Fielder

lllllllllllllllllllllPlaintiff

v.

Blayne Newton, In his Individual Capacity

lllllllllllllllllllllDefendant - Appellant Mark Tolbert; Cathy Dean; Don Wagner; Quinton Donald Lucas; Nathan F. Garrett

lllllllllllllllllllllDefendants ____________

Appeal from United States District Court for the Western District of Missouri - Kansas City ____________

Submitted: May 9, 2024 Filed: September 25, 2024 ____________ Before SMITH, KELLY, and KOBES, Circuit Judges. ____________ SMITH, Circuit Judge.

Officer Blayne Newton of the Kansas City, Missouri Police Department shot and killed Donnie Sanders during a traffic stop. Sanders’s children, Latetia Nunley and Zahleyiah Fielder (collectively, “Nunley”) filed suit against Officer Newton pursuant to 42 U.S.C. § 1983 for violating Sanders’s Fourth Amendment right to be free from excessive force. Officer Newton moved for summary judgment based on qualified immunity. The district court1 denied Officer Newton’s motion, concluding that a genuine issue of material fact exists. Officer Newton appeals the denial of qualified immunity. We dismiss for lack of jurisdiction.

I. Background Officer Newton, while on patrol one evening, observed a vehicle speeding. He pulled the vehicle over for the routine traffic violation. Sanders, the driver, stopped the vehicle, exited it, and ran. Officer Newton chased Sanders on foot.

After about a half block, Officer Newton caught up to Sanders. According to Officer Newton, the following events then transpired. Officer Newton “yell[ed], police, stop, police, don’t move.” R. Doc. 51-1, at 8. Sanders turned around and rocked his head back. Sanders walked toward Officer Newton. He had his hands in the pockets of his unzipped jacket. With his hands still inside his jacket pockets, he raised his right hand up and extended it “out as if he had a gun” toward Officer Newton. Id. at 9. As Sanders walked toward Officer Newton, Sanders yelled, “I’m

1 The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri.

-2- gonna shoot you! I’m gonna get you! Better kill me! I’m gonna kill you!” R. Doc. 48- 1, at 1. Officer Newton, with his gun pointed at Sanders, began backing away while “repeatedly yelling ‘Police! Get down! Stop! Drop it! You better drop the weapon! Drop the gun!’” Id. Sanders did not obey these commands; instead, “he continued to walk toward [Officer Newton] with his hand, which [was] inside his jacket pocket, raised up and pointed at [Officer Newton] as if it were a gun.” Id. Officer Newton continued retreating while giving commands. Sanders “started to sprint toward [Officer Newton] while his hand, which [was] still inside his jacket pocket, [was] still raised up at [Officer Newton] as if he had a gun pointed at [him].” Id. Approximately one or two seconds later, Officer Newton “discharged [his] weapon at [Sanders] five times.” Id. He was approximately 12 to 15 feet away from Sanders when he fired. Officer Newton ceased firing after Sanders fell to the ground. Officer Newton later learned that Sanders was unarmed.

Officer Newton’s microphone was active and able to pick up li