Lane v. District of Columbia, No. 15-7023 (D.C. Cir. 2018)Annotate this Case
In 2011, Metropolitan Police Officer Leo and three other officers, part of the Gun Recovery Unit, encountered Briscoe in an apartment parking lot. When an officer asked Briscoe if he was carrying a gun, Briscoe fled. Two officers pursued Briscoe on foot, while Leo and another pursued in a police vehicle. Leo testified that he saw Briscoe’s right hand moving toward his waistband, causing Leo to fear that he was reaching for a gun. Briscoe repeatedly looked over his shoulder, toward the officers, and turned toward the police vehicle, pointing what appeared to Leo to be a gun. Leo fired two shots, striking Briscoe in the back. Briscoe was transported to the hospital where he died as a result of the wounds. A police search of the scene of the shooting recovered no actual firearm but produced a broken BB gun, which closely resembled a Walther PPK pistol. No fingerprints were found on the weapon. In a suit under 42 U.S.C. 1983, the district court dismissed some claims. Some counts went to trial, resulting in a verdict for the defense. The D.C. Circuit affirmed, upholding the exclusion of Briscoe’s cell phone bill from evidence and the denial of sanctions for the prosecution’s late disclosure of a fingerprint report and of the fact that the BB gun had been swabbed for DNA.