4th Amendment Violation – Excessive Force

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7^th Circuit Court of Appeals

Case Name: Estate of Joseph Biegert v. Thomas Molitor

Case No.: 19-2837

Officials: SYKES, Chief Judge, and EASTERBROOK and BARRETT, Circuit Judges.

Focus: 4^th Amendment Violation – Excessive Force

Joseph Biegert’s mother called the police for help because she was concerned that her son was attempting to kill himself. Officers went to Biegert’s apartment to check on him, and when they arrived, Biegert initially cooperated. He began resisting, though, when the officers tried to pat him down. A scuffle ensued, and the officers tried to subdue Biegert with fists, Tasers, and a baton. All of these efforts to restrain Biegert failed, and Biegert armed himself with a kitchen knife. When he began to stab one of the officers, they shot him, and he died at the scene.

Biegert’s mother, on behalf of his estate, argues that the officers used excessive force both by restraining Biegert during a pat down and by shooting him. The district court disagreed, concluding that the officers reasonably restrained Biegert and that they reasonably resorted to lethal force when Biegert threatened them with a knife.

The officers did not violate the Fourth Amendment by shooting Biegert. Nor did their actions preceding the shooting render their use of force unreasonable. Because we conclude that no constitutional violation occurred, we need not determine whether the officers are entitled to qualified immunity. The district court’s decision is AFFIRMED.

Decision

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.