Puskas v. Delaware County., Ohio, No. 22-3390 (6th Cir. 2023)
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Around 11:14 a.m., Deanna called 911, claiming that she feared for her life because her husband was “threatening [her] with guns,” was on “new medication from the doctor,” and had “tremendous guns” in their house. Deputy Swick arrived knowing that Puskas had weapons and observed stuff scattered across the lawn and Puskas holding a rifle. Puskas put the rifle down. Swick told Puskas multiple times to get on the ground. Puskas walked toward the house instead. He stopped, picked up a bag, and pulled out a shotgun, and told Swick to “run.” From his vehicle, Swick reported that Puskas had a shotgun. Puskas dropped the shotgun. Sunbury Police Officers arrived, tried to verbally engage Puskas, and requested a negotiator. Deputy Gibson arrived, with a canine, Cash. Puskas ignored the officers and continued meandering around the yard, tossing a shirt at the officers. Gibson released Cash. Puskas ran toward the house. Cash initially targeted the shirt. Gibson refocused Cash. The officers followed Cash with their guns drawn. Puskas darted behind a tree and picked up a pistol case. Someone yelled, “he’s got a pistol.” Puskas pulled out a revolver. The officers shot him at 11:38 a.m. Puskas died at the hospital.
Deanna sued under 42 U.S.C. 1983, alleging excessive force in deploying Cash and shooting Puskas. The Sixth Circuit affirmed summary judgment in favor of the officers. Body camera footage confirms that their actions were reasonable under the circumstances.
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