Qualified Immunity-Excessive Force-Civil Rights

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7^th Circuit Court of Appeals

Case Name: Frederick Jackson v. City of Madison

Case No.: 24-2104

Officials: Hamilton, Jackson-Akiwumi, and Pryor, Circuit Judges.

Focus: Qualified Immunity-Excessive Force-Civil Rights

The officers did not violate clearly established law and were entitled to qualified immunity in their actions against the plaintiff, according to the court. The plaintiff appealed the district court’s grant of summary judgment in favor of the City of Madison and six police officers, arguing that his constitutional rights were violated under 42 U.S.C. § 1983. The district court had concluded that the officers did not violate clearly established law, granting them qualified immunity.

The plaintiff was visiting his estranged wife at her home when he became intoxicated, prompting her to leave with his keys. A neighbor reported hearing gunshots, leading police to respond. Upon arrival, officers heard noises they believed to be gunshots and saw a man in the driveway, later identified as the plaintiff, who retreated into the house. Officers set up a perimeter and attempted to communicate with the plaintiff for several hours without success. They eventually used non-lethal foam bullets to break windows and the front door to make their announcements more audible. The plaintiff emerged, yelling and gesturing at officers, and was shot with foam bullets when he did not comply with commands to come down the stairs. After descending, he continued to act belligerently and was shot again before being arrested.

Court found that the officers had probable cause to arrest the plaintiff for disorderly conduct and reckless endangerment based on the neighbor’s report, the officers’ observations, and the plaintiff’s behavior. Court also concluded that exigent circumstances justified the warrantless arrest due to the potential threat the plaintiff posed, given the belief he was armed and had fired a weapon. Court noted that even if exigent circumstances did not exist, the officers were entitled to qualified immunity because the law was not clearly established regarding the need for a warrant in such a prolonged standoff situation.

Regarding the excessive force claim, court held that the officers’ use of non-lethal foam bullets was not clearly established as unconstitutional under the circumstances. Court distinguished the case from precedent involving excessive force, noting that the plaintiff was believed to be armed and had not been subdued. Court concluded that the officers’ actions did not violate clearly established law, granting them qualified immunity.

Court affirmed the district court’s grant of summary judgment for the defendants, finding no constitutional violations in the officers’ actions. Affirmed.

Decided 05/28/26

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