Doxtator v. O’Brien

Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in plaintiffs’ section 1983 action, alleging that defendants used excessive force by shooting and killing plaintiffs’ decedent during encounter at police station. Record showed that: (1) decedent was placed in rear seat of squad car and was handcuffed behind his back; (2) decedent was able to maneuver himself so that his hands were now in front; (3) decedent stuck both his hands under his shirt and implied that he had gun when he repeatedly stated that he would “do it;” (4) once officers arrived at police station defendant refused to come out of squad car; (5) officers broke out rear windshield of squad car to obtain better view of decedent, who looked like he was holding something to his chin; (6) decedent came out of squad car through rear windshield opening and kept right hand concealed under his shirt; (7) decedent refused officers’ requests to expose his right hand and began to run to exit door where other officers were standing; (8) K-9 dog grabbed hold of decedent, who was now lying prone on ground; and (9) officer shot decedent (who was unarmed) 8 times after officer heard what he thought was gunshot. Ct. of Appeals found that use of deadly force was reasonable, where decedent had intentionally communicated to officers that he was armed and not afraid to “do it,” and where decedent had rushed toward exit door. Moreover, plaintiff had failed to put forth any cases that established violation of decedent’s constitutional rights, and thus defendants-officers were entitled to qualified immunity.