Gysan v. Francisko

Dist. Ct. did not err in granting defendant-police officer’s motion for summary judgment alleging qualified immunity in plaintiff-decedent’s section 1983 action, alleging that defendant used excessive force during traffic stop that eventually resulted in killing of plaintiff. Record showed that: (1) defendant stopped plaintiff after receiving report that plaintiff had just phoned in 911 call that did not make sense, where call was made during prior stop of plaintiff by defendant; (2) once defendant stopped plaintiff second time, plaintiff was unresponsive to defendant’s questions and subsequently attempted to flee in his car by driving wrong way on highway; (3) plaintiff eventually smashed into patrol car and pinned another officer between patrol car and opened door; and (4) defendant then shot plaintiff at time when plaintiff’s car was still running and pinning other officer after initial collision. Defendant could reasonably stop decedent’s vehicle to investigate circumstances of 911 call and could use deadly force in effort to protect other officer.