Inter-American Court of Human Rights

Rekia Boyd, Angela Helton, and Martinez Sutton v. United States of America

Submitted by Jane Clayton on Mon, 08/14/2023 - 12:48

Petitioners are seeking to amend Section 1983 to eliminate qualified immunity as a defense and make the Fourth Amendment’s objective reasonableness standard less burdensome. Currently, in cases where an officer claims they used force because an individual was holding a weapon, the plaintiff has to prove that a reasonable officer could not have concluded that the weapon posed a risk. Unfortunately, courts often allow officers to justify deadly shootings on the basis of hypothetical possibilities even when there is no supporting evidence.