Mother of man shot and killed by Olathe police files federal lawsuit naming officer
A federal lawsuit was filed Friday in connection with an Olathe police shooting that took the life of a 27-year-old man, alleging police escalated a confrontation with the man as he was in a mental health crisis.
Brandon Lynch, 27, was killed on Dec. 31, 2022.
Johnson County District Attorney Steve Howe ruled the homicide justified last May.
The lawsuit, filed in the District of Kansas on behalf of Lynch’s mother, Maria Varnas, alleges Officer Conner Thompson used excessive force when he shot Lynch. Thompson has been with the Olathe Police Department since July 2019, according to records from the Kansas Commission on Peace Officers’ Standards and Training.
In a news release, attorneys representing Lynch’s family said the city of Olathe and its police department had hindered the family’s attempts to learn more about the incident by refusing to release information in the 16 months since the shooting, including full unredacted body camera footage, an unredacted police report, an officer-involved shooting investigation and a police report from a separate incident involving Thompson and Lynch six months prior to the shooting.
“The use of deadly force in a situation where non-lethal options were viable is not only unacceptable, but also a clear violation of Brandon Lynch’s rights,” attorneys with the Kansas City firm Cannezzaro Marvel said in their statement. “Just because a person with mental illness does not immediately obey police orders does not grant officers the right to employ deadly force. This unfortunate event highlights the urgent need for reform in how law enforcement handles interactions with mentally ill individuals. It is our hope that this lawsuit will bring about meaningful change and prevent future tragedies.”
The department did not immediately respond to a request for comment Friday.
Officers were called to an Olathe home by Lynch’s sister, who said he had attacked her and she was bleeding in her mouth. According to the lawsuit, Lynch became agitated and paranoid “about getting the plague.”
His sister told the 911 operator that Lynch had a history of schizophrenia and was in crisis, which was communicated by dispatch, the lawsuit said. The responding officers, including Thompson, had interacted with Lynch previously and were aware of his mental health problems, the lawsuit said.
Body camera footage shows an officer speaking with Lynch through an open bedroom door. Lynch is agitated and the officer sees him holding a stun gun and a knife.
The encounter moves into the family’s living room and other officers join in telling Lynch to drop the weapons. Lynch continues to argue about why he would be arrested and is warned that if he advances without dropping the weapons, he will be shot. An officer attempts to use a Taser to subdue Lynch twice, unsuccessfully.
At one point, Lynch tells the officers to shoot him. Then, as he takes two steps forward, Lynch told them a final time, “Get out of my house.”
Three rounds are fired before the video cuts off.
The lawsuit alleges that Olathe officers are not properly trained on how to de-escalate a crisis situation and alleges that the officers “escalated the situation by pointing guns, shouting commands, and threatening Brandon.” It goes on to claim that Lynch’s actions “never posed a threat to defendant Thompson or the safety of any police officers.”
After the shooting, Lynch’s family was critical of police, saying he needed mental health treatment and that police were aware he suffered from paranoid schizophrenia.
