holding a police officer can use deadly force to prevent the escape of a fleeing non-violent felony suspect only when the suspect poses an immediate threat of serious harm to the police officer or others
How later courts described this case
- holding a police officer can use deadly force to prevent the escape of a fleeing non-violent felony suspect only when the suspect poses an immediate threat of serious harm to the police officer or others
Written by the judges who cited it.
The opinion
Case: 13-11470 Date Filed: 05/09/2014 Page: 1 of 4
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 13-11470
Non-Argument Calendar
________________________
D. C. Docket No. 1:03-cv-00087-CAP
JOHN ARNOLD,
MONESIA YOUNGBLOOD,
Individually and as Co-Administrator
of the Estate of Corey Ward, Deceased,
Plaintiffs-Counter
Defendants-Appellees,
versus
RAYMOND S. BUNN,
Individually and in his official capacity
as a Police Officer of the City of Atlanta
Police Department,
Defendant-Counter
Claimant-Appellant,
CITY OF ATLANTA,
a municipal corporation of the State
of Georgia,
Defendant-Appellant.
Case: 13-11470 Date Filed: 05/09/2014 Page: 2 of 4
________________________
Appeals from the United States District Court
for the Northern District of Georgia
_________________________
(May 9, 2014)
Before HULL, MARCUS and BLACK, Circuit Judges.
PER CURIAM:
In this civil rights case, Officer Raymond Bunn appeals 1 the district court’s
denial of his motion for summary judgment on the basis of qualified immunity and
official immunity. 2 In the early morning of July 14, 2002, Bunn and Officer Terry
Mulkey allegedly observed Jamal Smith breaking into a car in a parking lot in
Atlanta. After the alleged crime, Smith got into an SUV with five other people,
including the driver, Corey Ward. Bunn fired two shots at the SUV as it was
exiting the parking lot. These shots struck and killed Corey Ward. According to
Bunn, he was in fear for his life when he shot Ward. John Arnold and Monesia
Youngblood, individually and as co-administrators of the Estate of Corey Ward
(Appellees) brought a 42 U.S.C. § 1983 action, alleging Bunn fired his gun at
1
Although the City of Atlanta also appeals the district court’s denial of qualified
immunity to Bunn, as a municipality sued in its official capacity it has no right to immediate
interlocutory appeal from a denial of qualified immunity as it cannot assert such a defense.
2
We affirm the district court’s conclusion that Bunn is not entitled to official immunity
under Georgia law on the basis of its well-reasoned discussion of this issue.
2
Case: 13-11470 Date Filed: 05/09/2014 Page: 3 of 4
Ward’s vehicle when it had already passed Bunn and the vehicle was not a danger
or threat to Bunn, or his partner, Mulkey.
After thorough review, 3 we affirm the district court’s conclusion that Bunn
is not entitled to qualified immunity. “Qualified immunity does not apply where
the facts show that the official violated the plaintiff’s constitutional rights and
where the law clearly established those rights at the time of the alleged
misconduct.” Morton v. Kirkwood, 707 F.3d 1276, 1281 (11th Cir. 2013).
We analyze this claim “under the Fourth Amendment’s objective
reasonableness standard.” Terrell v. Smith, 668 F.3d 1244, 1250 (11th Cir. 2012)
(quotations omitted). Viewing the evidence in the light most favorable to the
Appellees, as we must at this stage of the proceedings, 4 see Morton, 707 F.3d at
1280, Bunn was beside the SUV at the time of the shooting, the vehicle was not
being driven at a high rate of speed, was not accelerating or heading toward any
person either prior to or during the shooting, and was not being used as a deadly
weapon. See Terrell, 668 F.3d at 1255. An objectively reasonable officer would
not have used deadly force under these circumstances, and therefore Bunn’s
actions violated Ward’s clearly established Fourth Amendment right to be free
3
“We review a district court’s denial of summary judgment on qualified immunity
grounds de novo.” Morton v. Kirkwood, 707 F.3d 1276, 1280 (11th Cir. 2013).
4
“We acknowledge that the facts, as accepted at the summary judgment stage of the
proceedings, may not be the actual facts of the case.” Morton, 707 F.3d at 1280 (quotations
omitted).
3
Case: 13-11470 Date Filed: 05/09/2014 Page: 4 of 4
from excessive force. See Tennessee v. Garner, 471 U.S.1, 11 (1985) (holding a
police officer can use deadly force to prevent the escape of a fleeing non-violent
felony suspect only when the suspect poses an immediate threat of serious harm to
the police officer or others); Morton, 707 F.3d at 1282-83.
Thus, we affirm the district court’s denial of qualified immunity to Bunn.
AFFIRMED.
4