Background
In April two thousand and twenty-three, officers observed Dontel Thompson commit an armed robbery and flee. When officers attempted to contact him, Thompson ran toward Officer Devin Inocencio while holding a handgun. Inocencio ordered Thompson to put his hands up, but Thompson continued running toward the officer and another officer. Inocencio fired at Thompson, who later died. Shamara Jenkins, on behalf of Thompson’s estate, sued Inocencio under Section nineteen eighty-three for excessive force. The district court denied Inocencio’s motion to dismiss based on qualified immunity.
The court’s reasoning
The court applied the qualified immunity standard, requiring the plaintiff to show that the officer violated a constitutional right and that the right was clearly established. The court focused on the Fourth Amendment reasonableness of the force used, considering the severity of the crime, the threat posed by the suspect, and whether the suspect was resisting or fleeing. The court relied on body-worn camera video which showed Thompson running toward officers while holding a gun. The court found that an officer could reasonably believe Thompson posed a serious threat of harm, making the use of deadly force reasonable. The court noted that the suspect’s failure to point the weapon did not negate the threat of a fleeing, armed suspect turning a gun on an officer at a moment’s notice.
What it means going forward
The ruling provides clear protection for officers facing armed, fleeing suspects in split-second situations, emphasizing that video evidence of a suspect running toward officers while armed can justify the use of deadly force even if the suspect does not point the weapon.