Lee v. Russ, No. 21-5919 (6th Cir. 2022)
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Groom tried to refill a prescription for a drug that treats opioid addiction. A technician informed Groom that he could not use a coupon. Groom grabbed the prescription and left without paying. The pharmacist followed him out, offering a lower-cost drug. Groom kept walking. The dispatcher alerted police officers that a man carrying a large knife had robbed the pharmacy and that the suspect, Groom, ran toward another store. Captain Russ and Officer Lee responded. Russ was familiar with Groom, having heard that Groom suffered from mental illness and had attempted suicide. They spotted Groom in a parking lot and exited their vehicles. Russ announced himself. Groompulled a large knife out of a sheath, saying: “Not today David.” Both officers drew their firearms. Groom ignored several commands to drop the knife and walked toward Russ, waving his knife, stopping 30 feet from Russ. He repeatedly told Russ to shoot him. Lee testified that, although Groom at first was “being very belligerent,” he stopped walking and eventually stopped waving the knife. After 20 seconds, Groom took another step. Russ shot Groom. He died from the wound.
In a suit under 42 U.S.C. 1983, the trial court granted Russ summary judgment based on qualified immunity. The Sixth Circuit reversed, citing “[p]recedent involving similar facts” putting this case “beyond the otherwise hazy border between excessive and acceptable force" to "provide an officer notice that a specific use of force is unlawful.”
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