Campbell v. Cheatham County Sheriff's Department, No. 21-5044 (6th Cir. 2022)
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Officers were dispatched to the Campbells’ residence after a 9-1-1 dispatcher received two hang-up calls from the residence. Officer Fox knocked on the door. He did not announce himself as law enforcement. Through the closed door, Mark asked “you got a gun?” and later stated, “I got one too.” Fox drew his gun. Mark opened the door. Mark says he may have had a cell phone in his hand. Both officers contend they thought Mark had a gun. Video footage does not resolve the dispute. Fox fired two shots. Mark fell to the floor and kicked the door shut. He yelled to his wife to call 9-1-1 because somebody was shooting at them. Although Fox fired eight shots, no one was hit. Other officers arrived and apprehended Mark. No firearms were found in the home. Mark was charged with aggravated assault; the charges were ultimately dismissed.
The Campbells sued Fox in his individual capacity under 42 U.S.C. 1983. The Sixth Circuit affirmed the denial of qualified immunity summary judgment. Fox’s actions constituted a “seizure” under the Fourth Amendment; a reasonable person would not believe that he was free to leave a house while an officer repeatedly fired at the door. Accepting the Campbells’ version of the facts, a reasonable jury could find that Fox’s use of deadly force was objectively unreasonable.
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