Horton v. Pobjecky

Dist. Ct. did not err in granting defendant-off-duty police officer’s motion for summary judgment in section 1983 action alleging that defendant used excessive force when killing plaintiff’s decedent by shooting him three times in back during incident in which decedent and three others attempted armed robbery of restaurant at time when defendant had been patronizing said restaurant. Defendant could have reasonably used deadly force during said incident, where: (1) four assailants (including decedent, who, although unarmed, served as lookout at door of restaurant) placed lives of defendant and others in restaurant in grave danger; (2) defendant had reason to think that decedent, who advanced toward defendant during decedent's scuffle for gun with another assailant, was armed and dangerous and posed imminent threat of death; and (3) even if decedent was shot in back as he crawled away from defendant, as contended by plaintiff, shooting of decedent by defendant would still have constituted reasonable prevention of decedent’s escape and would have constituted reasonable act in defense of self and others.