Estate of Biegert v. Molitor

Dist. Ct. did not err in granting defendants-police officers' motion for summary judgment in plaintiff’s section 1983 action, alleging that defendants used excessive force when they shot and killed decedent during incident in which decedent’s mother called police to conduct welfare check on decedent, who had indicated that he intended to kill himself, and where decedent and defendants eventually engaged in scuffle that resulted in decedent cutting one defendant with knife prior to said shooting. While plaintiff alleged that defendants acted unreasonably because defendants’ actions had agitated decedent and created conditions that precipitated violent encounter, decedent’s actions were intervening cause of deadly force, and situation requiring defendant's use of deadly force was not primarily of their own making, where decedent had cut one defendant twice with knife prior to instant shooting. Fact that plaintiff had alleged that defendant had violated departmental policies during encounter did not require different result, since section 1983 protects plaintiff only from constitutional violations and not violations of local police department. Also use of deadly force was reasonable, where both defendants were subjected to immediate threat of their safety at time of shooting.