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Resident alleges police misconduct, files federal suit and accuses city of selective enforcement
Summary
At the April 13 council meeting, a resident, Mr. Keninger, said he has filed a 42 U.S.C. §1983 lawsuit alleging excessive force by Independence police that caused permanent shoulder injuries and also accused the city of selectively enforcing property rules over a repurposed planter.
Mr. Keninger told the Independence City Council during public comment that he has filed a federal civil-rights lawsuit (42 U.S.C. §1983) against the City of Independence, the Independence Police Department and specific officers, alleging that force used by officers on July 7, 2024 caused multiple shoulder surgeries and permanent damage.
Keninger said he has video evidence from his house and that he has undergone four shoulder surgeries — three he said resulted from the officers’ actions — and that his most recent surgery on April 1, 2026 left him with irreversible injury. “The last shoulder surgery that I had was a week ago and I was told that my shoulder cannot be repaired,” he said. He added that his medical provider is considering further intervention and that the injury will limit his arm use for life.
He also accused the city of selectively enforcing municipal property rules, saying code enforcement ordered him last July to remove a repurposed flower planter from the right-of-way and that the city permits comparable structures elsewhere. He invoked the equal-protection framework of Village of Willowbrook v. Olech to argue that he was singled out. “It shows inconsistency … decisions are being made in response to complaints and pressure, not based on uniform application of law,” he said.
Keninger told the council he had sent certified letters and warned that, unless the city “correct[s] this now voluntarily, responsibly, and without further escalation,” he will press his federal claims; he said the litigation already filed is grounded in evidence. He also described plans to place several repurposed toilets with flowers on his lawn to mark the nation’s 250th birthday as a continuing act of protest over enforcement.
The council did not take action on the allegations during the meeting. Staff and the council did not provide a public substantive response during the public-comment period. The council proceeded to its consent agenda and subsequent business.
The claims Keninger recited at the meeting include a pending 42 U.S.C. §1983 lawsuit and a Village of Willowbrook v. Olech–style equal-protection allegation. The city’s formal position, any internal investigations, and the status of the lawsuit in federal court were not recited on the record at this meeting.
