Stanton v. Elliott, No. 21-1197 (4th Cir. 2022)
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West Virginia State Troopers Elliott and Cornelius received three 911 calls about Crumbley. Two different callers stated that Crumbley was armed and dangerous and keeping his family hostage. Another caller stated Crumbley made threats about shooting the police. The troopers, heading to Crumbley’s property, discussed Crumbley’s rumored drug connections. Crumbley came out of the house screaming and threatened a shootout. He had nothing in his hands but threatened to get a weapon. Crumbley went between the yard where the troopers were and the house, threatening to get a weapon and shoot the troopers. Crumbley pulled down his pants to expose his genitals while spinning in a circle. Crumbley then got a shovel, threatened the troopers with it, then ran, throwing the shovel. Cornelius fell in the snow. When Elliott turned a corner, he saw Crumbley turned away from him. Crumbley then abruptly turned toward Elliott and began to raise his hands, causing Elliot to believe that he might have a gun. Elliott fatally shot him. Crumbley did not have a gun.
In a suit under 42 U.S.C. 1983, the Fourth Circuit reversed the district court’s grant of qualified immunity to Elliott. Crumbley was shot in the back, raising a genuine dispute about Elliot’s version of events. The facts might show a violation of a clearly established constitutional right.
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