Deadly Force

Marks v. Bauer

Submitted by Re'Neisha Stevenson on Tue, 09/03/2024 - 15:39

Firing chemical-filled projectile to stop and restrain protestor in order to form a perimeter where projectile struck protestor constituted a seizure although protestor was not arrested; court (unconvincingly) distinguishes Dundon on ground officer was not dispersing a crowd; projectile struck plaintiff in the face, officer claimed he aimed at torso, court remands for determination of whether officer intended to use deadly force; clearly established that officer was not permitted to use deadly force on individual who previously posed threat to others but no longer presented immedia

Hart v. City of Redwood City

Submitted by Re'Neisha Stevenson on Tue, 09/03/2024 - 14:56

Officer’s use of deadly force against suicidal man was reasonable, even though man had already harmed himself when officers arrived, officers did not attempt to reposition themselves when he approached them, man was not suspected of having committed crime, but he was holding knife, was non-communicative, and failed to respond or comply with officer’s command to “drop the knife,” but instead quickly approached officers, holding knife out towards them.

Heeter v. Bowers

Submitted by Re'Neisha Stevenson on Tue, 09/03/2024 - 14:36

Clearly established that suicidal individual has right not to be shot unless he poses threat of serious or deadly harm to officers; clearly established by 2018 that officer had an obligation under due process clause to provide adequate medical care after shooting.

Barnes v. Felix

Submitted by Re'Neisha Stevenson on Mon, 02/12/2024 - 13:11

Excessive force inquiry is confined to whether the officers or other persons were in danger at the moment of the threat that resulted in the officers' use of deadly force; the officers' actions leading up to the shooting are not relevant for the purposes of an excessive force inquiry in the Fifth Circuit.

Argueta v. Jaradi

Submitted by Re'Neisha Stevenson on Tue, 12/05/2023 - 21:09

Officer entitled to qualified immunity for shooting and killing armed suspect, pursued only for alleged driving offenses, who, when officers stopped his car, ran in a manner such that his right arm was pressed against his body and could not be seen by officers; court concludes, relying on “furtive gesture” line of cases, that officers could reasonably fear he had a gun and fear for their safety; court concludes it was immaterial whether they could see a gun or whether he made any threatening motions toward them; court holds that whether suspect’s flight posed a risk to officers or public wa

Waid v. County of Lyon

Submitted by Re'Neisha Stevenson on Tue, 12/05/2023 - 21:08

Officers entitled to qualified immunity for shooting and killing suspect in domestic call where suspect, although unarmed and not reaching for a weapon, used aggressive language, ignored an order from officers, and rushed toward officers in small and confined space; dissent by Judge Berzon.