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Try CasePortal for FreeJ. Johnston grants in part the West Virginia Public Service Commission police officer's motion for summary judgment in the estate's claims he violated a man's civil rights when he failed to render aid after a Mingo County deputy sheriff shot the man in the presence of his parents after the man evaded capture by another deputy. The WVPSC officer owed the decedent no affirmative duty of care since he was not in his custody at the time of the detention and subsequent shooting, but a jury could determine the officer acted recklessly when he pulled the decedent's father away from him when he attempted to protect his son from further harm. Additionally, the three commissioners' motion for summary judgment is granted, because the estate's Monell claim fails since it applies only to municipalities and not public officials.