Estate of Logan v. City of South Bend, Indiana

Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in plaintiff’s section 1983 action, alleging that defendants violated decedent’s 4th Amendment rights by using excessive force during decedent’s encounter with defendant-officer, where record showed that: (1) while officer was investigating reports at 3:30 a.m. that someone was stealing items from cars, decedent picked up hunting knife and approached officer; (2) officer instructed decedent to put knife down and stand still; (3) decedent instead held up knife and came within three feet of officer; (4) decedent threw knife at officer and hit him in arm with knife; and (5) officer fired gun and fatally shot decedent in torso. While plaintiff asserted that decedent posed no danger to officer at time officer shot decedent, physical evidence, such as bullet track, supported officer’s version of simultaneous actions of decedent throwing knife and officer firing gun. Moreover, plaintiff cannot withstand summary judgment by merely doubting officer’s version of events without presenting evidence to support its theory of case, since mere disbelief of only witness to encounter would mean that record is “empty,” and empty record means that plaintiff loses, because plaintiff had burden of production and persuasion. Ct. further observed that officer’s use of force remained reasonable after decedent deployed weapon, did not surrender and remained dangerous when advancing on officer.