Paul Donald Davis, et al. v. Paul Waller, et al., No. 21-11333 (11th Cir. 2022)
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Plaintiff was taken hostage by a fleeing felon in rural Georgia. At the felon’s behest Plaintiff drove the truck toward seven officers gathered at the scene and showed no signs of stopping. As the logging truck struck the police vehicles lining the dirt road, several of the officers opened fire on the cab of the truck, even though they allegedly knew Plaintiff -- an innocent hostage -- was being forced to drive.
Plaintiff survived but was shot in his hand, his fingers, his hip, and his shoulder. He sued both Georgia State Patrol Lieutenants in their individual capacities (collectively, “Defendants”) for violating his Fourth and Fourteenth Amendment Rights. The Defendants moved for summary judgment, arguing that they were entitled to qualified immunity. The district court agreed and granted summary judgment because their actions were reasonable and, even if they were not, they did not violate any clearly established law.
The Eleventh Circuit affirmed. The court explained that the fleeing felon put Plaintiff, Defendants, and the public in grave and imminent danger. Police officers like Defendants may use deadly force to dispel a threat (and, here, an imminent one) of serious physical harm or death or to prevent the escape of a very dangerous suspect who threatens that harm. Defendants made the difficult, but altogether reasonable, a decision that the fleeing felon and the logging truck had to be stopped -- and, tragically, that meant stopping Plaintiff, too.
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