Family of Overland Park teen shot by police officer settles lawsuit for $2.3 million
The mother of an Overland Park teen fatally shot last year by an Overland Park police officer has reached a $2.3 million settlement with the city in a wrongful death lawsuit.
The settlement agreement, obtained Monday by The Star through an open records request, makes no admissions or findings that the city violated the law. The dismissal of the case was filed Monday in U.S. District Court in Kansas City, Kan.
John Albers, 17, was killed last January outside his family’s home in the 9300 block of West 149th Terrace.
Attorneys for Overland Park did not immediately respond to requests for comment Monday afternoon.
John Albers’ mother, Sheila Albers released a statement Monday.
“While we as a family continue to mourn and heal from John’s passing, we wanted to again thank the community of Overland Park for its continued prayers and support,” she said. “John is forever gone and there is nothing that can ever excuse such an unreasonable use of force.”
Police had been called to the Albers house after someone reported that John Albers was threatening suicide on FaceTime.
After officers arrived, the teen backed a van out of the home’s garage and an officer shot him.
Johnson County District Attorney Steve Howe later said the officer’s actions did not violate Kansas law.
But the civil lawsuit filed on behalf of his mother Sheila Albers in U.S. District Court in Kansas City, Kan., alleged that the officer violated Albers’ constitutional rights.
It named the officer, Clayton Jenison, and the city of Overland Park as defendants.
Michael Rader, an attorney representing the Albers family, said the pivotal point in the case came when the court overruled the defendants’ motion to dismiss the lawsuit in its entirety.
“The judge ruled that after considering these facts, a reasonable jury could find the officer’s use of lethal force was unreasonable,” Rader said in a statement.
Jenison resigned from the department after the shooting.
A citizen’s group called JOCO United formed after the shooting, and Sheila Albers said in her Monday statement that that the family will continue to work with the group.
“We can only hope this tragedy serves to prevent similar tragedies from happening to other families,” she said. “JOCO United seeks to improve Crisis Intervention Team training when officers encounter citizens in mental distress and to expand transparency of public agencies by allowing access to information in police shootings.”
This story was originally published January 14, 2019 at 4:30 PM.