Background
Plaintiffs Joseph Frasure and Lisa Fisher, as co-administrators of their son Joe Frasure’s estate, sued the City of Wyoming, Ohio, and three police officers for claims arising from the fatal shooting of Joe Frasure. The incident occurred after a neighbor reported suspicious activity at a vacant apartment building. Officers responded to the scene and encountered Joe Frasure in a van that accelerated toward them. Officer Jones fired one shot and Officer Batts fired three shots, killing Joe Frasure. The district court granted summary judgment for the defendants, finding the officers entitled to qualified immunity and dismissing the municipal liability claims. The magistrate judge also excluded the plaintiffs’ expert witness testimony.
The court’s reasoning
The court reviewed the qualified immunity analysis de novo, viewing the evidence in the light most favorable to the plaintiffs. The court found that the officers were entitled to qualified immunity because the right was not clearly established. The court distinguished the case from Smith v. Cupp, noting that Joe Frasure was a suspect in a burglary who had not been secured and was driving toward officers who were in immediate danger. The court also held that the plaintiffs’ municipal liability claims were forfeited because they were not adequately developed in their appellate briefs. Finally, the court determined that any error in excluding the expert witness was harmless because the testimony would not have changed the outcome.
What it means going forward
The decision reinforces the qualified immunity defense for officers facing rapidly evolving threats involving moving vehicles and clarifies that municipal liability claims must be fully developed in appellate briefs to avoid forfeiture.
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