Reasonableness of Force – Qualified Immunity

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Civil

7^th Circuit Court of Appeals

Officials: RIPPLE and ROVNER, Circuit Judges, and KENNELLY, District Judge

Reasonableness of Force – Qualified Immunity

No. 14-2808 Nancy Brown v. Wayne Blanchard

No. 14-2523 Tyler Williams v. Indiana State Police Dept.

Officer’s resorting to lethal force as initial response to suicidal victim not entitled to qualified immunity.

“It is well-established—and has been since long before the shooting at issue here—that “a person has a right not to be seized through the use of deadly force unless he puts another person (including a police officer) in imminent danger or he is actively resisting arrest and the circumstances warrant that degree of force.” Weinmann, 787 F.3d at 448; Marion, 559 F.3d at 705; Muhammed v. City of Chicago, 316 F.3d 680, 683 (7th Cir. 2002); Tennessee v. Garner, 471 U.S. 1, 11-12 (1985). Accordingly, we have repeatedly recognized that officers could not use significant force on nonresisting or passively resisting suspects. Abbott, 705 F.3d at 732; Estate of Starks, 5 F.3d at 233. If Nancy’s description is accurate, and we must credit her version at this stage because the district court determined that it created a genuine issue of fact, then deadly force was used here even though John was merely passively resisting their entreaties, and in the absence of any threats of violence by John toward the deputies or anyone else. See Phillips v. Community Ins. Corp., 678 F.3d 513, 525 (7th Cir. 2012) and Estate of Escobedo v. Bender, 600 F.3d 770, 780-81 (7th Cir. 2010) (discussing conduct constituting merely passive resistance). In fact, Nancy had entered the room and engaged in physical contact with John, and at no point did he threaten violence towards her nor did she express any concern with such a possibility to the deputies. Moreover, Such was able to see John through the outside window, and could observe his behavior. At that time, there was no indication that John posed a threat to others, and the extent to which he posed a threat to himself is not established by this record, given that he was observed sitting, smoking a cigarette, drinking a beer, walking and talking and not in apparent immediate danger.”

Affirmed.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.