Excessive Force-Summary Judgment

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7^th Circuit Court of Appeals

Case Name: Aleia Tousis v. Keith Billiot

Case No.: 22-2211

Officials: Flaum, Rovner, and Brennan, Circuit Judges.

Focus: Excessive Force-Summary Judgment

The DEA had affixed a tracking device to Tousis’s vehicle. On June 2, agents had reason to believe that Tousis was heading to Turner’s Aurora residence to obtain drugs. They observed Tousis entering Turner’s garage while carrying a bag, and when he left, the bag’s appearance had changed, strongly indicating a drug transaction. In response, the Sheriff’s Department initiated a traffic stop. Tousis attempted to evade the authorities, and the tracking device showed his car reaching speeds of 115.2 miles per hour on I-88. Agent Billiot, driving an unmarked vehicle, followed Tousis off the highway. Tousis subsequently drove at normal speeds but exhibited evasive behavior.

At a red traffic light, Billiot activated his emergency lights and siren, positioning his vehicle 10-25 feet in front of Tousis’s car. With his DEA vest on, Billiot exited his vehicle and moved toward Tousis’s car, shouting commands. As Tousis advanced his car with no barrier between Billiot and himself, Billiot fired a single shot. The bullet struck the steering wheel, and a fragment hit Tousis in the neck while he was maneuvering his car away from Billiot. Tousis’s vehicle then accelerated and collided with a light pole, resulting in Tousis’s death. Subsequently, officers discovered 300 grams of cocaine in Tousis’s car.

In a lawsuit filed under 42 U.S.C. 1983, the district court ruled against granting Billiot qualified immunity. However, the Seventh Circuit later reversed this decision. The facts, which were largely uncontested, indicated that Billiot had fired the fatal shot because he feared for his own safety and the safety of the public if Tousis were to continue his reckless flight. Importantly, there was no legal precedent warning Billiot that his actions amounted to the use of excessive force.

Reversed and remanded.

Decided 10/18/23

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