Terrell, et al. v. Smith, No. 10-14908 (11th Cir. 2012)
Annotate this CasePlaintiffs, parents and the personal representative of the deceased's estate, sued defendant, a police officer, for use of excessive force under 42 U.S.C. 1983 and Florida's wrongful death statute. Defendant used lethal force against the deceased after the deceased failed to follow defendant's commands and attempted to flee in a vehicle that struck defendant in the process. Defendant subsequently appealed the district court's denial of his motion for summary judgment on the basis of qualified immunity. The court held that defendant was entitled to qualified immunity where the use of deadly force was reasonable under the facts and circumstances of the case and there was no clearly established law at the time of the incident that would have given defendant fair notice that his actions violated the Fourth Amendment. Accordingly, the court reversed and remanded for further proceedings.
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