FREDRICK WAID, ET AL V. COUNTY OF LYON, ET AL, No. 22-15382 (9th Cir. 2023)
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Officers Timothy Wright and Brett Willey responded to a domestic violence call where they shot and killed Robert Anderson. Anderson’s estate and family sued Wright, Willey, and the County of Lyon under 42 U.S.C. Section 1983 and Nevada law. Defendants moved for summary judgment, and the district court granted qualified immunity to the officers on the Section 1983 claims.
The Ninth Circuit affirmed. The panel held that defendants were entitled to qualified immunity on Plaintiffs’ Fourth Amendment excessive force claim because Plaintiffs’ rights were not clearly established. First, it was not obvious that defendants were constitutionally precluded from firing given that they were responding to an active domestic violence situation, lacked the benefit of having time to fully assess the circumstances, and needed to make split-second decisions as they were being charged. Second, Plaintiffs failed to show controlling authorities (or a consensus of persuasive ones) that would have put every reasonable officer on notice that defendants’ conduct violated the Fourth Amendment. Distinguishing this case from other cases, the panel noted that Anderson was in a narrow hall and rapidly approaching the officers, with no barrier between them. He could have accessed the officers’ weapons at any time or otherwise harmed them. Further, if the officers took the option to retreat to the house’s entryway, they would have left Jennifer Anderson—for whom they had just called an ambulance—alone with her husband or risked injury themselves if Anderson obtained a weapon from somewhere in his home.
Court Description: Qualified Immunity/Deadly Force. The panel affirmed the district court’s summary judgment granting qualified immunity to two police officers in an action alleging, in part, that the officers used excessive deadly force when they shot and killed Robert Anderson during a response to a 911 call seeking help with a domestic violence incident.
After officers arrived at Anderson’s home, Anderson’s two minor children exited the house and told the officers that their parents were fighting, that their mother needed an ambulance, and that there were no weapons in the house other than a BB gun. When officers entered the house, Anderson shouted “Fuck you, punks,” ignored a command to get to the ground, and ran down a short hallway towards the officers, at which point the officers shot him five times.
The panel held that defendants were entitled to qualified immunity on plaintiffs’ Fourth Amendment excessive force claim because plaintiffs’ rights were not clearly established. First, it was not obvious that defendants were constitutionally precluded from firing given that they were responding to an active domestic violence situation, lacked the benefit of having time to fully assess the circumstances, and needed to make split-second decisions as they were being charged.
Second, plaintiffs failed to show controlling authorities (or a consensus of persuasive ones) that would have put every reasonable officer on notice that defendants’ conduct violated the Fourth Amendment. Distinguishing this case from other cases, the panel noted that Anderson was in a narrow hall and rapidly approaching the officers, with no barrier between them. He could have accessed the officers’ weapons at any time or otherwise harmed them. Further, if the officers took the option to retreat to the house’s entryway, they would have left Jennifer Anderson—for whom they had just called an ambulance—alone with her husband or risked injury themselves if Anderson obtained a weapon from somewhere in his home.
The panel held that defendants did not violate plaintiffs’ Fourteenth Amendment substantive due process rights because there was no evidence suggesting that the officers acted with a purpose to harm unrelated to the legitimate law- enforcement objective of defending themselves.
Concurring in part and dissenting in part, Judge Berzon would hold that defendants’ use of force was unconstitutionally excessive, and they were not entitled to qualified immunity on the Fourth Amendment claim. The officers’ repeated, rapid use of deadly force was objectively unreasonable given that Anderson was unarmed, shirtless, empty handed, outnumbered, tactically disadvantaged, not reaching for the officers’ guns, and, when the last two shots were fired, not moving toward the officers. Additionally, A.K.H. ex rel. Landeros v. City of Tustin, 837 F.3d 1005 (9th Cir. 2016), established that an officer may not shoot an unarmed suspect within seconds, multiple times, in rapid succession, and without warning, if the suspect is not reaching for a gun—even when the suspect was recently involved in a domestic violence incident, has not complied with commands, and quickly closes a short distance between the officer and the suspect.
Judge Berzon agreed with the majority that the officers were properly granted qualified immunity on plaintiffs’ Fourteenth Amendment claim.
The court issued a subsequent related opinion or order on April 11, 2024.
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