Studdard v. Shelby County, No. 19-5084 (6th Cir. 2019)
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Shelby County Deputy Lane responded to a hit-and-run call. People at the scene told Lane to follow Studdard, who was walking away along the road and had slit his wrists. Lane turned his motorcycle around and rode after Studdard. Studdard ignored Lane’s request to stop and turned toward Lane, displaying what appeared to be a knife. Lane saw Studdard’s bloody wrists. Lane continued to follow Studdard and called for backup, noting that Studdard had a knife and had slit his wrists. Three deputies parked their vehicles north of Studdard, seeking to block his path forward; Lane followed from the south. They exited their vehicles and displayed firearms. Studdard halted. They directed Studdard to drop the knife. Studdard stood still, knife in hand. An officer said that they would shoot if Studdard did not drop the weapon. Studdard raised the knife to his throat and began “swaying.” “Almost immediately,” two deputies opened fire. Studdard fell. Reed kicked the knife out of Studdard’s hand. The officers administered aid. Studdard died in the hospital due to complications from the gunshot wounds. In his wife’s 42 U.S.C. 1983 action, the Sixth Circuit affirmed the denial of the officer’s motion for summary judgment based on qualified immunity. To justify lethal force, an officer must have probable cause to believe the suspect presents an immediate threat of serious physical harm to the officer or others. Officers may not shoot an uncooperative individual when he presents an immediate risk to himself but not to others
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