The family of a man shot and killed by Topeka police has filed a federal wrongful death lawsuit, alleging officers used excessive force and demanding the city release body camera footage.
Taylor Lowery, 33, was fatally shot on Oct. 13, 2022. Officers fired 34 times at him, according to the lawsuit filed Friday in the District of Kansas.
The lawsuit violates Kansas law that largely excludes bodycam footage, which could have implications for similar cases in other parts of the state.
Dan Garrett, spokesman for the city of Topeka, said the city takes these types of claims seriously.
“The City will vigorously defend the lawsuit and is confident that the justice system will resolve this matter,” he said in a statement. “Due to the ongoing litigation and in order not to further prejudice the process, the City has no additional comment.”
Police were called to a domestic dispute and kicked in the door. According to the complaint, officers did not have a search warrant and did not have probable cause to enter the home.
A woman reported that there was a man in another room who was not behaving normally and had a knife.
Lowery fled to a nearby gas station. Officers arrived and surrounded him. The complaint says Lowery bent over to pick up a wrench when Officer Malcolm Gillum began shooting at him. Officers George Chiles, Bradley Netherton and Justin Good also fired. Gillum and Chiles were officers in training, the complaint says.
Shawnee County District Attorney Mike Kagay declined to file charges against the officers. Officials released a 15-page report that included still body camera footage.
The lawsuit, filed on behalf of Lowery’s minor daughter, alleges that the officers used excessive force and that the city failed to properly train and supervise the officers.
It is also said that requests to the city for bodycam footage and other information, such as witness statements, have been rejected.
In the public interest?
Bodycam footage is considered criminal investigative data. Under Kansas law, that classification gives police departments or other government officials, such as district attorneys, broad discretion to decide whether to release the footage or keep it from public view, even after a case is closed.
A judge may order that information from a criminal investigation be made public under certain conditions, for example if the information is in the public interest.
The lawsuit argues that making the 15-page report public demonstrates that it is in the public interest.
A lawsuit filed in April similarly argues that releasing body camera footage of 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 police officers shot and killed 47 people in Kansas between 2019 and 2023. Where recordings existed, officers denied releasing them in 67% of cases.
In Missouri, records can be requested once a case is closed.
The lawsuits filed in Kansas could potentially change the way disclosure requests are handled. Opponents say there are privacy concerns and that the recordings could contain disturbing images or reveal confidential investigative information. Supporters of the change argue that disclosure is important for transparency and that sensitive information can be blurred or redacted.
