Kimberley Diane Settle v. David Collier

Summary

The Eleventh Circuit reversed the denial of summary judgment in an excessive-force and Florida battery action arising from Deputy David Collier’s fatal shooting of Jacob Settle during an attempted arrest. The majority held that Collier reasonably perceived Settle’s truck as an immediate threat of serious physical harm when Settle started the truck and put it into gear, and therefore that Collier was entitled to qualified immunity. The court also held that Collier was entitled to Florida statutory immunity from the battery claim, while Judge Abudu dissented.

Holdings

1. Collier did not use excessive force because, viewed from the perspective of a reasonable officer at the scene, he had probable cause to believe that Settle's truck presented an immediate threat of serious physical harm when Settle started the truck and placed it into gear in a confined area while resisting arrest.
2. Collier was not required to give a warning before firing because the encounter escalated within seconds and his proximity to the truck, limited visibility, and the perceived immediate danger made a warning infeasible.
3. Collier was entitled to qualified immunity because the estate failed to establish that he violated the Fourth Amendment.
4. Collier was entitled to immunity from the estate's Florida battery claim because his use of deadly force was justified under the Fourth Amendment standard and Florida's self-defense immunity statute is at least coextensive with that standard.

Questions Presented

1. Whether Collier's use of deadly force violated the Fourth Amendment's prohibition against unreasonable seizures.
2. Whether Collier was entitled to qualified immunity from the estate's excessive-force claim.
3. Whether Collier was entitled to immunity under Florida's self-defense immunity statute from the estate's battery claim.

Disposition

reversed_and_remanded