Federal lawsuit claims KCKPD officer violated civil rights of man in fatal police shooting
An Iowa man claims in a federal lawsuit that a Kansas City, Kansas, police officer used excessive force in the fatal police shooting of his brother, John Anderton, killed nearly two years ago after he had called police for help.
Eric Anderton of Winterset, Iowa, filed the lawsuit Tuesday in the U.S. District Court in the District of Kansas on his behalf and as the administrator of his brother’s estate, claiming the deadly shooting violated John Anderton’s civil rights.
Eric Anderton named as defendants the Unified Government of Wyandotte County and Kansas City, Kansas, Police Chief Karl Oakman and Officer Colin Ward, contending they violated his brother’s Fourth and 14th Amendment rights. The suit includes claims of use of excessive force, negligence and systemic failures in training and supervision by the police department.
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Krystal McFeders, the Unified Government’s public information officer, said the government is unable to comment on pending litigation.
The Kansas City, Kansas, Police Department also does not comment on pending litigation, said Nancy Chartrand, a spokeswoman for the police department.
“This lawsuit is about accountability and ensuring that no family has to endure such a devastating loss due to the reckless actions of those entrusted to protect and serve,” said Tom Porto, one of Eric Anderton’s attorneys. “The excessive and deadly force used against John Anderton was not only unnecessary but also reflects deeper failures within the system.”
The identity of the officer involved previously had not been released. The lawsuit, however, identifies Ward as the officer who fired the fatal shots.
Police body camera footage released in December shows that Ward fired nearly a dozen gunshots, fatally wounding 50-year-old John Anderton, who had dropped his bicycle and ran as he was being questioned. Family members won the release of the footage after a court battle for access to police records.
Police have said Anderton had a gun, and one was recovered from the scene. The family has questioned that the gun was Anderton’s in the absence of clear-cut proof on the video snippets Kansas City, Kansas, police provided as required by law.
According to the lawsuit, Anderton called 911 around 5:45 p.m. on Feb. 3, 2023, to report that two of his friends had overdosed and needed help at a house in the 5400 block of Haskell Avenue in Kansas City, Kansas.
Anderton tried to help his friends, including performing CPR. When paramedics arrived, Anderton left the house on his bicycle, fearing that staying would exacerbate his chronic obstructive pulmonary disease, according to the lawsuit.
Police body camera footage, shared with The Star by the National Police Accountability Project, shows a lone officer pull up to the 5400 block of Haskell shortly before 6 p.m. Anderton is standing near the street curb holding his bicycle.
“What’s going on, brother? Why are you leaving that house?” Ward asks as he approaches Anderton.
Anderton responds that he had helped his friends and left because “I can’t do no more.”
After getting Anderton to identify himself, Ward tells Anderton to drop his bike and place his hands on his head. Anderton drops his bike and runs a short distance. Ward yells twice for him to “stop reaching.”
Ward then fires about 12 shots at Anderton, as seen on video. Ward continues to shoot as Anderton turns his back toward the officer and falls to the ground. No gun is visible in the video shared with The Star.
As other officers arrive with a ballistic shield and approach Anderton, one mentions seeing a gun on the ground. In August 2023, the Wyandotte County District Attorney’s Office determined the shooting was justified under Kansas Law, clearing the officer from criminal liability.
Eric Anderton contends that Ward’s actions violated his brother’s Fourth Amendment rights regarding unreasonable seizure and his right to due process under the 14th Amendment.
Anderson also contends that negligence and systemic issues within the Kansas City, Kansas Police Department, including inadequate training and supervision, contributed to the violation of his brother’s rights.
