Manning v. City of Tulsa

── Manning v. City of Tulsa ── Case No.: 24-5058 Court: Court of Appeals for the Tenth Circuit Date: March 30, 2026 Category: General Appellate Case: 24-5058 Document: 62-1 Date Filed: 03/30/2026 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS March 30, 2026 Christopher M. Wolpert FOR THE TENTH CIRCUIT Clerk of Court _________________________________ MICHAEL MANNING, as the Administrator of the Estate of Terence Crutcher, Sr., Plaintiff - Appellant, v. No. 24-5058 CITY OF TULSA; BETTY JO SHELBY, Defendants - Appellees. _________________________________ Appeal from the United States District Court for the Northern District of Oklahoma (D.C. No. 4:17-CV-00336-EFM-SH) _________________________________ Karin S. Portlock of Gibson, Dunn & Crutcher LLP, New York, New York (Lee R. Crain, Aiyanna Isom, Julia T. Ross, and Mary Otoo of Gibson, Dunn & Crutcher LLP, New York, New York; Claire V. Madill of Gibson, Dunn & Crutcher LLP, Washington, D.C.; and Damario Solomon-Simmons of SolomonSimmonsLaw, Tulsa, Oklahoma, with her on the briefs), for Plaintiff-Appellant Michael Manning. Jeffrey C. Hendrickson (Randall J. Wood, Robert S. Lafferrandre, and Jessica L. Dark with him on the brief) of Pierce Couch Hendrickson Baysinger & Green, L.L.P., Oklahoma City, Oklahoma, for Defendant-Appellee City of Tulsa. Scott B. Wood of Wood, Puhl & Wood, P.L.L.C., Tulsa, Oklahoma, for Defendant- Appellee Betty Shelby. _________________________________ Before HARTZ, McHUGH, and MORITZ, Circuit Judges. _________________________________ MORITZ, Circuit Judge.  Appellate Case: 24-5058 Document: 62-1 Date Filed: 03/30/2026 Page: 2 _________________________________ In 2016, Officer Betty Shelby of the Tulsa Police Department (TPD) shot and killed an unarmed Black man, Terence Crutcher, in Tulsa, Oklahoma. The administrator of Crutcher’s estate, Michael Manning (the Estate), sued Shelby for excessive force under 42 U.S.C. § 1983. The Estate also brought claims against the City of Tulsa under both state law and Monell v. Department of Social Services, 436 U.S. 658 (1978). The district court dismissed the Monell claims, finding the Estate failed to plausibly allege municipal liability. It then granted summary judgment to Shelby based on qualified immunity. Considering no federal claims remained at that point, the district court dismissed the state-law claim against the City. We reverse in part and affirm in part. Because the district court failed to view the facts in a light most favorable to the Estate and erred in analyzing clearly established law by defining the right at issue too narrowly, we reverse its grant of summary judgment to Shelby. But we affirm the district court’s dismissal of the Monell claims. On remand, the district court should consider whether exercising supplemental jurisdiction over the state-law claim is appropriate. Background As dusk settled over the streets of Tulsa one evening in September 2016, Shelby was on her way to a domestic-disturbance call. 1 She drove past a Black man We take these facts from the parties’ summary-judgment pleadings, noting 1 where they are disputed. 2  Appellate Case: 24-5058 Document: 62-1 Date Filed: 03/30/2026 Page: 3 on