Family sues Kansas police agency over man’s death, challenges state’s strict bodycam laws
The family of a man shot and killed by Topeka police have filed a federal wrongful death lawsuit alleging the officers used excessive force and arguing that the city should release the body camera recordings.
Taylor Lowery, 33, was fatally shot on Oct. 13, 2022. Officers fired 34 shots at him, the lawsuit filed Friday in the District of Kansas said.
The lawsuit challenges Kansas’ law that broadly shields bodycam footage from view, which could carry implications for similar cases in other parts of the state.
Dan Garrett, a spokesman for the City of Topeka, said the city takes claims of this nature seriously.
“The city will vigorously defend the suit and has full faith that the justice system will resolve this matter,” he said in a statement. “Due to pending litigation, and in order to not further prejudice the process, the city has no additional comment.”
Police were called to a domestic disturbance and kicked in the door. According to the lawsuit, the officers did not have a search warrant and did not have probable cause to enter the residence.
A woman reported a man who was not acting normal was in another room with a knife.
Lowery fled to a nearby gas station. Officers arrived and surrounded him. The lawsuit said Lowery bent over to pick up a wrench when Officer Malcolm Gillum began firing at him. Officers George Chiles, Bradley Netherton and Justin Good also fired. Gillum and Chiles were officers in training, the lawsuit said.
Shawnee County District Attorney Mike Kagay declined to file charges against the officers. Officials released a 15-page report that included still shots from body cameras.
The lawsuit, filed on behalf of Lowery’s daughter who is a minor, alleges the officers used excessive force and that the city failed to properly train and supervise officers.
It also says that requests to the city for body camera footage and other information like witness statements were denied.
In the public interest?
Body camera recordings are considered criminal investigation records. Under Kansas law, that classification gives police departments or other public officials like district attorneys broad discretion in deciding whether the recordings get released or stay shielded from public view, even after a case is closed.
A judge can order criminal investigation records be disclosed under certain conditions, including if the information is in the public interest.
The lawsuit argues that releasing the 15-page report shows that it is in the public interest.
A lawsuit filed in April similarly contends that releasing body camera footage from a fatal shooting in Kansas City, Kansas, is in the public interest and “essential for people to trust the police.”
A Star investigation published in March found that from 2019 to 2023, police officers fatally shot 47 people in Kansas. Where recordings existed, officials denied releasing them to the public 67% of the time.
In Missouri, records can be obtained once a case is closed.
The lawsuits filed in Kansas could potentially change how disclosure requests are handled. Opponents say there are privacy concerns and that the recordings can contain disturbing images or reveal confidential investigative information. Proponents for change argue that disclosure is important for transparency and that sensitive information can be blurred or redacted.
