4th Amendment Violation – Qualified Immunity

By: Derek Hawkins//March 19, 2018//

Listen to this article

7^th Circuit Court of Appeals

Case Name: Dawne A. Sanzone, et al. James Gray

Case No.: 17-2103

Officials: WOOD, Chief Judge, and BAUER and BARRETT, Circuit Judges.

Focus: 4^Th Amendment Violation – Qualified Immunity

Indianapolis police officer James Gray fatally shot an agitated Keith Koster when Koster threatened to fire a “warning shot” and then pointed his gun at police officers gathered in the doorway of his apartment. Koster’s sister sued on behalf of his estate, claiming that Gray violated the Fourth Amendment by using excessive force. The district court denied Gray’s motion for summary judgment based on qualified immunity. Because Gray acted reasonably when Koster pointed a gun at him and fellow officers, he did not violate the Fourth Amendment and is entitled to qualified immunity. We therefore reverse the district court’s decision and remand with instructions to enter judgment for Gray.

Reversed and Remanded

Full Text

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.

Select Region or Brand

Upcoming Event