Jennifer Morgan-Tyra v. Andrei Nikolov, No. 22-3193 (8th Cir. 2024)
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In this case, the United States Court of Appeals for the Eighth Circuit affirmed the district court's decision to grant summary judgment in favor of Officer Andrei Nikolov, who had been sued for excessive force under 42 U.S.C. § 1983. The case arose from an incident in which the officer shot Jennifer Morgan-Tyra multiple times after responding to a domestic-disturbance call. Upon arrival at the scene, the officer encountered an angry Morgan-Tyra holding a gun and shouting expletives at someone out of his view. When she did not comply with a command to drop the gun, Officer Nikolov fired at least nine shots, several of which struck Morgan-Tyra and caused severe and lasting injuries.
In affirming the district court's judgment, the appeals court found that, even if Officer Nikolov's decision to shoot without warning was objectively unreasonable under the circumstances, he did not violate a clearly established right. The court noted that officers may use deadly force when there is probable cause to believe that a suspect poses a threat of serious physical harm, either to the officer or to others, and that a warning is less likely to be feasible in a high-pressure situation that requires a split-second judgment. The court also found that a reasonable officer in Nikolov's position would not have known whether Morgan-Tyra was the initial aggressor or a victim who had fought back, and that it was not clearly unreasonable to shoot her under the circumstances. Even considering Morgan-Tyra's version of facts, the court held that she was wielding the gun in a menacing fashion and appeared ready to shoot. Thus, the court concluded that Officer Nikolov is entitled to qualified immunity.
Court Description: [Stras, Author, with Shepherd and Kelly, Circuit Judges] Civil case - Civil rights. The defendant St. Louis police officer responded to a domestic disturbance call and saw plaintiff holding a gun which was pointed at a third party the officer could not see; plaintiff was screaming expletives at the third person and trying to make her believe she would shoot her; in response, the defendant shot the plaintiff nine times. She survived and brought this Section 1983 action against the officer and the City, alleging excessive force. The district court granted the defendant officer's motion for summary judgment based on qualified immunity, and plaintiff appeals. Under Supreme Court law, an officer may use deadly force when there is probable cause to believe the suspect poses a threat of serious physical harm to the officer or to others; but even if the officer's split-second decision to shoot without warning was objectively unreasonable under the circumstances, he is still entitled to qualified immunity because his actions did not violate any clearly established right. Judge Kelly, dissenting.
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