Tousis v. Billiot

Dist. Ct. erred in denying defendant-police officer’s motion for summary judgment on qualified immunity grounds, where plaintiff alleged that defendant used excessive force, when he shot and killed plaintiff’s decedent following high-speed chase. Record showed that defendant and other officers were observing what they thought to be drug purchase by decedent, and that following said purchase, decedent attempted to flee traffic stop by starting high speed chase that concerned speeds up to 115 miles per hour on highway and weaving in and out of traffic at dangerous speeds on Chicago streets. Decedent eventually stopped car on Chicago street because both lanes were occupied and corner had red light. Defendant then got out of his car with rifle, came up to 25 feet of front of decedent’s car, and directed decedent to stop and get out of his car. Instead, decedent moved his car forward in attempt to move into other, now free lane, and defendant shot and killed decedent. Defendant could use deadly force under these circumstances given decedent’s prior erratic and dangerous behavior, as well as decedent’s movement of car toward defendant, and no case law gave defendant notice that he could not use deadly force under instant circumstances. Ct. rejected plaintiff’s argument that defendant unreasonably created instant danger to himself by running toward decedent’s car with rifle, and thus could not cite to instant danger to excuse his use of deadly force.