Officer who shot, killed unarmed man during swatting call suing City of Wichita

WICHITA, Kan. (KWCH) The Wichita police officer who shot and killed Andrew Finch during a swatting call is now suing the city.

Photo taken during the trial of Tyler Barriss

Justin Rapp was part of the massive police presence that responded to finch's home on the night of December 28, 2017.

Police thought they were responding to a hostage situation after Tyler Barriss made a false 911 call claiming that's what was going on inside the home.

Finch was not part of the prank. He stepped outside onto the porch where he was shot and killed by Rapp who thought he was reaching for a weapon.

Now, Rapp is suing the city for how he was treated after the shooting.

According to the lawsuit, Rapp is suing the city for more than $30,000 in damages.

Rapp was placed on restricted duty after the shooting which is department policy, but he claims he was kept on restricted duty even after being medically cleared to return to regular duty.

He also claims the city required him to get another medical clearance after their internal investigation was complete even though they found no wrongdoing on his part.

The lawsuit claims this is a breach of Rapp's contract saying, "Despite the fact that he was medically cleared to return to full duty on two separate occasions, the city continued to deny the plaintiff the opportunity to return to regular duty and instead kept him on restricted duty. The city's actions in doing so constituted a de facto suspension."

The lawsuit also claims the city kept Rapp from working his primary off-duty job as a security officer which he did before the shooting. Instead, Rapp says the city forced him to get a different off-duty job which paid significantly less.

He claims the city's actions caused him to lose out on more than $30,000 in wages.