Summary
This Ninth Circuit opinion addresses an interlocutory appeal from the denial of qualified immunity to Seattle police officers who fatally shot Ryan Smith during a response to a 911 call. Viewing the evidence in the light most favorable to the plaintiffs, the panel held that the officers were not entitled to qualified immunity because the fatal shooting under these circumstances violated the Fourth Amendment's prohibition against excessive force. The court found that a reasonable juror could conclude Smith did not pose an immediate threat, particularly given the lack of warnings, overlapping commands, and potential availability of less-lethal alternatives like a taser.
Topics
Practice areas
Questions Presented
- Whether Officers Myers and Beecroft are entitled to qualified immunity on summary judgment.
- Whether the use of deadly force violated the Fourth Amendment under the objective‑reasonableness standard.
Holdings
- The panel affirmed the district court’s denial; the officers are not entitled to qualified immunity because the use of deadly force was not objectively reasonable under clearly established law.
Factual background
Police officers responded to a 911 call reporting that Ryan Smith threatened to kill himself and his girlfriend with a knife. After forcing entry, officers found Smith holding an open pocketknife and shouting commands. Smith raised his right arm with the knife across his chest and was shot by Officers Myers and Beecroft, resulting in his death.
Procedural history
Plaintiffs filed a §1983 action alleging excessive force. Defendants moved for partial summary judgment asserting qualified immunity. The district court denied the motion. The defendants appealed the denial.