Appellate court affirms dismissal of wrongful death lawsuit filed by Jake Gardner's parents

The 8th Circuit Court of Appeals last week affirmed the dismissal of a lawsuit filed by the parents of an Omaha bar owner who killed himself after being charged with manslaughter in the shooting death of a Black man during unrest in May 2020.

In a ruling two years after protests sparked by the killing of George Floyd in Minneapolis by police officers, U.S. District Judge John Gerrard dismissed David and Glenda Sue Gardner's lawsuit alleging their son, Jake Gardner, killed himself because authorities had violated his constitutional right to a fair trial.

"Gardner's parents are undoubtedly bereaved, and, of course, they have every right to be. The events that led to this case were tragic for Gardner's family and for (James) Scurlock's, and the loss of a child is devastating under any circumstances. But not all tragic circumstances ultimately lead to legal liability. This is one of those instances," Gerrard ruled in May. 

After Douglas County Attorney Don Kleine reviewed the evidence in Scurlock's shooting death May 30, 2020, and decided not to charge Gardner, who shot Scurlock while allegedly protecting his business from rioters. Instead, Kleine deferred the case to a grand jury.

Led by special prosecutor Fred Franklin, the grand jury ultimately charged Gardner, 38, with manslaughter.

His parents appealed Gerrard's decision.

In a one-paragraph decision Thursday, Judges David R. Stras of Minnesota, Bobby E. Shepherd of Arkansas and Ralph R. Erickson of North Dakota, said simply: "Following a careful review, we conclude that the district court did not err in dismissing the case."