1. Plaintiff presented sufficient evidence to allow jury to decide whether or not officer's shooting of her husband was unreasonable, despite lack of testimony describing the moment of the shooting; officer admitted that husband did not have a weapon and had not hit him. Gardner v. Buerger, 82 F.3d 248 (8th Cir. 1996).

  2. Federal appeals court reinstates jury's $259,358.19 against officer for shooting and killing driver of car making escape from alleged purse snatching; jury necessarily found that officer could not have reasonably believed himself in danger from slow moving vehicle, and accordingly officer was not entitled to qualified immunity. Acosta v. City and County of San Francisco, 83 F.3d 1143 (9th Cir. 1996).

  3. Complaint which alleged that officer shot man carrying a machete on the street without further warning after telling him to "freeze" adequately stated claim against District of Columbia for inadequately training and supervising of officers on the use of deadly force; federal appeals court rules that even a single incident of such use of force was adequate to support a complaint of inadequate training and supervision. Atchinson v. D.C., 73 F.3d 418 (D.C.Cir. 1996).

  4. Sheriff was not liable for alleged inadequate training and supervision on use of deadly force; while there had been prior lawsuits alleging excessive use of force or wrongful use of deadly force by sheriff's personnel, there had been no single case in which courts ruled that department personnel had violated a clearly established right in this area, so sheriff was entitled to qualified immunity. Singleton v. McDougall, 932 F. Supp. 1386 (M.D. Fla. 1996).

  5. Officers were entitled to qualified immunity for shooting man in his home after he had fired pistol in the air outside the house, fired more shots inside the house, and then fired shots into the ceiling in bedroom where his girlfriend and two small children were present; officers reasonably believed their actions were needed to prevent the imminent loss of life. Isquierdo v. Frederick, 922 F. Supp. 1072 (M.D.N.C. 1996).

  6. Officer could reasonably conclude that his decision to fire at vehicle of fleeing suspect was reasonable when a fellow officer had been dragged 25- 30 feet with his hand stuck inside the vehicle's driver's side window and had just been thrown free. Pittman v. Nelms, 87 F.3d 116 (4th Cir. 1996).

  7. Federal agent who was present at the scene of a shooting by another federal agent could not be held vicariously liable for other agent's action. Pellegrino v. United States, 73 F.3d 934 (9th Cir. 1996).

  8. Jury awards $12.66 million to man shot by officer and rendered paraplegic after he had used handgun to try to fend off mugger; officers who arrived on scene only knew that there was a man with a gun and did not realize that he was a crime victim; mugger flagged down one police vehicle after he was shot at. Veriguete v. City of New York, Sup. Ct., Brooklyn, N.Y., Oct. 19, reported in The National Law Journal p. A9, December 9, 1996.

  9. Jury returns $100,000 award in lawsuit over shooting death in which U.S. Supreme Court adopted therapist-patient privilege; jury finds that force used was not reasonable, but rejects state law wrongful death claim. Jaffee v. Redmond, U.S. Dist. Ct., N.D. Ill., reported in Chicago Tribune, p. 6 (Dec. 7, 1996).

  10. Estate of man shot by officers entering trailer without announcing themselves during execution of search warrant receives $950,000 settlement in suit that claimed that county failed to properly train officers in the use of their weapons. Bryant v. County of Dodge, U.S. Dist. Ct., E.D. Wis., No. 95-C-0526, Apr. 25, 1996, reported in 39 ATLA L. Rptr. No. 7, p. 273 (Sept. 1996).

  11. City's action of indemnifying police officers against punitive damages award in lawsuit brought over shooting death of fast-food restaurant robber did not constitute a policy of "encouraging and ratifying" the excessive use of force; individual city council members who voted for payment of punitive damages award were also entitled to qualified immunity for their action. Trevino v. Gates, 99 F.3d 911 (9th Cir. 1996).

  12. Teenager who held birthday party in vacant house receives $150,000 settlement from city on lawsuit arising from officer shooting him in the house after neighbor reported intruders in the building. Crenshaw v. City of Oakland, U.S.Dist. Ct., N.D. Cal., No. C95 1207 WHO, May 29, 1996, reported in 39 ATLA L. Rep. No. 9, p. 353 (Nov. 1996).

  13. Officers acted reasonably in shooting and killing handcuffed arrestee sitting in front seat of police vehicle when he pointed a gun at them; federal appeals court overturns trial court's denial of qualified immunity to officers. Elliott v. Leavitt, 99 F.3d 640 (4th Cir. 1996).

  14. Federal court rules that mother of man shot and killed by officers could assert federal civil rights claim for loss of companionship of adult child she was not dependent on, and that proper legal standard for liability is "deliberate indifference or reckless disregard." Smoot v. City of Placentia, 950 F. Supp. 282 (C.D. Cal. 1997).

  15. Officers acted reasonably in shooting at hunters who fired first at them; hunters' claim that they were firing at doves rather than officers was not relevant; officers entitled to qualified immunity since they reasonably could conclude that hunters posed a serious threat to them. Wicker v. City of Galveston, 944 F. Supp. 553 (S.D. Tex. 1996).

  16. City liable for $1.4 million to family of suicidal individual shot and killed by officer responding to his suicide threat, based on city's failure to have a training policy on suicide threat intervention; officer also liable for alleged excessive use of force when decedent stepped from his apartment holding a shotgun but may not have posed an immediate threat to officer. Wallace v. Estate of Davies, 676 N.E.2d 422 (Ind. App. 1997).

  17. Injury to school van passenger resulting from officers shooting into it during gun battle with suspect who "commandeered" van did not violate passenger's Fourth Amendment or Fourteenth Amendment due process rights; passenger was not intentionally "seized" by officers for Fourth Amendment purposes and officers were entitled to qualified immunity on due process claim. Medeiros v. O'Connell, 955 F. Supp. 21 (D. Conn. 1997).

  18. Officer was entitled to qualified immunity for shooting at man found inside residence entered pursuant to search warrant who pointed weapon at him. Robinett v. Carlisle, 928 S.W.2d 623 (Tex. App. 1996).

  19. Officer acted reasonably in shooting and killing suspect armed with a knife who was on the ground, once suspect started to swing hand holding knife up towards officer. Reynolds v. County of San Diego, 84 F.3d 1162 (9th Cir. 1996). 299:169 Sheriff's deputies acted reasonably in shooting and killing man intoxicated on PCP and armed with a knife who slowly advanced towards them and announced his intention of killing them if they did not shoot him. Martinez v. County of Los Angeles, 47 Cal. App. 4th 334, 54 Cal. Rptr. 2d 772 (1996).

  20. [N/R] Plaintiff arrestee shot by officer was entitled to jury trial on claim that police caused a confrontation by failure to identify themselves as they entered residence. Sledd v. Lindsay, 107 F.3d 282 (7th Cir. 1996).

  21. Expert witness testimony on "hedonic damages" (the enjoyment value of human life) barred by trial court in lawsuit over police shooting of individual. Ayers v. Robinson, 887 F. Supp. 1049 (N.D. Ill. 1995).

  22. Officer was entitled to qualified immunity for shooting armed suspect who held out a hand containing a gun in response to officer's demand that he show his hand; officer reasonably feared for his life, regardless of exactly what direction displayed weapon was pointed; officers had no clearly established duty to provide medical aid to shot suspect prior to arrival of EMTs. Wilson v. Meeks, 52 F.3d 1547 (10th Cir. 1995).

  23. Plain clothes officers were entitled to qualified immunity because there was no "clearly established" requirement that they announce their identity and purpose while executing search warrant on business premises; officer reasonably believed that suspect was reaching for a weapon when he shot and paralyzed him; municipalities could not be held liable in the absence of evidence of a municipal policy, custom, or usage. St. Hilaire v. City of Laconia, 71 F.3d 20 (1st Cir. 1995).

  24. Officer was entitled to qualified immunity for use of deadly force; court rules that: 1. Officers are not compelled to adopt alternative approaches to avoid creating a situation where deadly force must be used; 2. Officers do not have to first attempt to use nondeadly alternatives when the use of deadly force has become necessary; 3. Police departments and other law enforcement agencies are not required to provide officers with equipment which might be a substitute for the use of deadly force, such as dogs, tasers, capture nets, CS gas, rubber bullets, sticky foam, or beanbag projectiles; 4. Officers have no obligation to simply "walk away" from a situation where the use of deadly force is justified; and 5. Officers have no obligation to keep themselves a particular distance or to maintain a barrier between the suspect and themselves. Plakas v. Drinski, 19 F.3d 1143 (7th Cir. 1994), cert. denied, 115 S. Ct. 81 (1994). [Cross-reference: Defenses: Qualified Immunity].

  25. U.S. Supreme Court to determine whether federal courts should recognize a therapist-patient privilege barring evidence of confidential communications during therapy; issue arises in case where jury awarded $545,000 in police shooting case where jury was told it could presume withheld therapy records would be unfavorable to officer. Jaffee v. Redmond, 51 F.3d 1346 (7th Cir. 1995), cert. granted, 116 S. Ct. 334 (1995).

  26. In civil rights case over police shooting, trial judge's statement to jurors that "the races have a tendency to stick together" implied that black plaintiff and his witnesses told a consistent version of the incident out of "racial solidarity" rather than based on their promise to tell the truth; federal appeals court orders new trial. Rush v. Smith, 56 F.3d 918 (8th Cir. 1995).

  27. U.S. reaches $3.1 million settlement with white separatist's family over shooting deaths of 14-year-old son and wife during "Ruby Ridge" siege of mountain cabin. Weaver v. U.S., U.S. Dist. Ct. Idaho, reported in The New York Times National Edition, p. 1 (Aug. 16, 1995).

  28. Officer's act of drawing and pointing a gun at an unarmed felony suspect, without any indication that he intended or attempted to fire, did not violate suspect's rights. Edwards v. Giles, 51 F.3d 155 (8th Cir. 1995). [Cross-references: Assault and Battery: Physical; Defenses: Qualified (Good-Faith) Immunity].

  29. Homeless man's status as "emotionally disturbed" person was relevant to issue of whether officers acted objectively reasonably in shooting him without warning after he displayed a knife and ran away from them. Ludwig v. Anderson, 54 F.3d 465 (8th Cir. 1995). [Cross- reference: Defenses: Qualified (Good-Faith) Immunity].

  30. Deputy's shooting and killing of intoxicated motorist who advanced on him with knife in attack position was a reasonable use of force, federal appeals court rules. Romero v. Board of County Commissioners, 60 F.3d 702 (10th Cir. 1995).

  31. $2.2 million settlement in case where police officer allegedly shot man helping store clerk who had been shot during a robbery. McLeod v. City of Philadelphia, U.S. Dist. Ct., No. 94-7495, Oct. 6, 1995, 39 ATLA L. Rptr. p. 56 (March 1996).

  32. Jury awards $4,911,668 to man shot and rendered paraplegic by officer pursuing him as he fled from stopped vehicle because of outstanding warrants and illegal possession of firearm; plaintiff claimed he had abandoned weapon before officer shot him; $3.5 million settlement agreement reached. Watson v. City of Los Angeles, No. BC085132, L.A. Superior Central Ct., California, Dec. 29, 1995, L.A. Daily Journal Verdicts & Settlements, Vol. 109, No. 77, p. 5 (April 19, 1996).

  33. U.S. Supreme Court adopts therapist-patient privilege protecting disclosures during therapy sessions from compelled disclosure in court; affirms ordering of new trial in which jury awarded $545,000 in police shooting case where jury was told it could presume withheld therapy records would be unfavorable to officer. Jaffee v. Allen, 116 S. Ct. 1923 (1996).

  34. City and mental health agency was not liable for officer's shooting of paranoid schizophrenic as he exited his bedroom, allegedly advancing on officer with hatchet raised; defendants adequately explained reasons for striking two black jurors, and trial judge correctly excluded evidence which was not relevant to the case at hand. McKeel v. City of Pine Bluff, 73 F.3d 207 (8th Cir,. 1996). [Cross-references: Procedural: Evidence; Procedural: Jury Selection].

  35. City liable for $10.2 million to restaurant patron shot in the back by off-duty police officer acting as security for canceled Halloween party scheduled there. Melendez v. City of Los Angeles, No. BC038583, L.A. Superior Central Ct., March 20, 1996, reported in L.A. Daily Journal Verdicts & Settlements, Vol. 109, #82, p. 2, April 26, 1996. [Cross-reference: Off-Duty/Color of Law].

  36. City liable for $29.26 million for officer's shooting of man he mistakenly believed to be "with" two armed robbers escaping from successful bank robbery. Summerville v. City of New York, No. 39604/91 (Sup. Ct. Kings Co., N.Y.), May 13, 1996, reported in The National Law Journal, p. A17 (June 17, 1996).

  37. Police officer did not act unreasonably in shooting an unarmed handcuffed arrestee running towards him to flee from another arrestee who had obtained a weapon; officer could have reasonably believed that the person running towards him was the arrestee who a deputy sheriff's yell warned him had obtained a weapon. McLenagan v. Karnes, 27 F.3d 1002 (4th Cir. 1994).

  38. Officers who entered restaurant and shot armed man holding waitresses hostage when he pointed unloaded rifle at them were entitled to qualified immunity; they did not know weapon was not loaded and no reasonable officer would think that their actions violated civil rights of hostage-taker. Malignaggi v. County of Gloucester, 855 F. Supp. 74 (D.N.J. 1994).

  39. Officer was not entitled to qualified immunity in woman's federal civil rights lawsuit alleging that he wrongfully entered her house and shot her in the leg while she slept in her bed. Defrancis v. Bush, 859 F. Supp. 1022 (E.D. Tex. 1994).

  40. Officer was justified in using deadly force against man who advanced on him waving bat and threatening to kill the officer when officer attempted to serve arrest warrant on him; officers had probable cause to obtain arrest warrant for man based on wife's statements that he hit her. James v. City of Chester, 852 F. Supp. 1288 (D.S.C. 1994).

  41. Firing shots at fleeing helicopter in which escaped inmate held helicopter owner hostage did not constitute a "seizure" despite fact that one shot hit helicopter, when it did not result in helicopter stopping or landing; helicopter owner had no claim for Fourth Amendment violation. Bella v. Chamberlain, 24 F.3d 1251 (10th Cir. 1994).

  42. Deadly force may be used when necessary to prevent escape of pre-trial detainee, even when he is unarmed and is not thought to be dangerous to an officer or other person; Federal appeals court rejects argument that Tennessee v. Garner rule applies to escaping prisoners; U.S. Supreme Court declines review of case. Brothers v. Klevenhagen, 28 F.3d 452 (5th Cir. 1994), cert. denied, No. 94-795, 115 S. Ct. 639 (1994).

  43. Appeals court overturns $600,000 award to carjacking hostage wounded by officer when he shot at one of her captors who was pointing a gun at the officer; officer's use of deadly force under these circumstances was reasonable. Stroik v. Ponseti, 35 F.3d 155 (5th Cir. 1994).

  44. Officer did not "seize" man for purposes of Fourth Amendment when he merely pointed a gun at him; allegation that pet dog was shot and killed without justification, however, did state a Fourth Amendment claim for unreasonable seizure of property. Fuller v. Vines, 36 F.3d 65 (9th Cir. 1994).

  45. Officers' use of deadly force was not unreasonable when suspect they shot and killed shot at them first. Menuel v. City of Atlanta, 25 F.3d 990 (11th Cir. 1994).

  46. City and police chief were not liable for off-duty officer's using a machine gun to shoot and kill resident of home which he entered after his friend expressed suspicion that residence was a "drug house"; no evidence showed that any inadequate training or supervision caused the shooting. Searcy v. City of Dayton, 38 F.3d 282 (6th Cir. 1994).

  47. Officer acted objectively reasonably in shooting intoxicated man who moved towards officers with a steak knife in each hand. Roy v. Inhabitants of City of Lewiston, 42 F.3d 691 (1st Cir. 1994).

  48. Officers, faced with a report of a man inside a building who had fired shots, did not need to select the "least intrusive alternative" in responding; no liability for shooting death of suspect who stood in doorway of residence and pointed gun at officers after they knocked on door. Scott v. Henrich, 39 F.3d 912 (9th Cir. 1994).

  49. Deputy did not violate man's civil rights by shooting him in the back of the head when he ignored her command to stop; deputy reasonably believed that man was armed and was fleeing from the scene of a robbery where he beat a store employee, and the fact that he was actually not armed and had not robbed the store did not alter the result. Moreno v. County of Ventura, 36 Cal. Rptr. 2d 750 (Cal. App. 1994).

  50. Burglar who hogtied three residents of home and shot one of them in the head is awarded $4 in compensatory and $104,732 in punitive damages in federal civil rights suit over officers' shooting him in the back as he fled. Forrett v. Richardson, 91-6822ABC(SHX) (April 6, 1995, U.S.Dist. Ct. C.D. Cal.), reported in The National Law Journal, p. A11 (May 1, 1995).

  51. $1 million settlement in case where officer shot and killed armed business owner, thinking he was a burglar; business owners had previously requested police to put premises under special scrutiny following burglary, but had also informed department that owners had handgun permits and often slept there. Barroso v. City of Coral Gables, No. 94-0457 CIV-UNGARO, U.S. Dist. Ct., S.D. Fla., Nov. 14, 1994, reported in 38 ATLA Law Rptr. No. 6, p. 224 (August 1995).

  52. Louisiana Supreme Court overturns $4 million jury award against city for officers' shooting of mentally disabled man holding a realistic looking toy gun. Mathieu v. Imperial Toy Corp., 646 So. 2d 318 (La. 1994).

  53. Police department liable for $594,480 to surviving family of man shot and killed by off-duty officer angry that he was having an affair with officer's wife; suit claimed that department knew that officer had previously, while off-duty, beaten his own wife, but failed to take preventative measures to stem officer's "violent propensities." Thomas v. Los Angeles Police Department, No. BC086856, L.A. Superior Court Glendale, May 18, 1995, reported in Los Angeles Daily Journal Verdicts & Settlements, page 4, June 16, 1995.

  54. County liable for $1.625 million to Cuban immigrant injured in gun battle with plainclothes officers who surrounded his home; plaintiff believed man he saw pointing a rifle at his home was "pro-Castro" person carrying out prior communicated threats. Vasquez v. Metropolitan Dade Co. U.S. Dist. Ct. S.D. Fla., 84-2865-Civ, July 7, 1994, reported in the National Law Journal p. A15 (Aug. 1, 1994).

  55. Jury awards $3,645,000 in damages to family of motorist shot and killed by officer who stopped him for a traffic offense; plaintiffs argued that motorist's hands were in plain view, while officer argued that motorist had been reaching under his seat and that he feared motorist was reaching for a weapon. Bodan v. DeMartino, No. BC025408, L.A. Superior Central Court, L.A. Calif., May 23, 1994, reported in Los Angeles Daily Journal Verdicts & Settlements, p. 6, June 10, 1994.

  56. Deputy did not violate the Fourth Amendment in using deadly force against homeowner who turned toward him while holding a gun in his hand; deputy could reasonably believe that his life was in danger and did not know that homeowner was not the prowler that he had been summoned to apprehend. Linder v. Richmond County, Ga., 844 F. Supp. 764 (S.D. Ga. 1994).

  57. New York cab driver who had driven robbers from a robbery receives $1.5 million settlement from city in suit over officer's shooting of him as he came out of his vehicle with his hands up. Camille v. City of New York, 92-4947, Fed. Dist. Ct., S.D.N.Y. June 1, 1994, reported in The National Law Journal, p. A13 (July 11, 1994).

  58. Federal appeals court rules that city of Memphis is liable for officer's shooting of fleeing felony suspect in Tennessee v. Garner case. Garner v. Memphis Police Dept., 8 F. 3d 358 (6th Cir. 1993).

  59. Appeals court upholds $4.06 million award against city for officers' shooting of mentally disabled man holding a realistic looking toy gun. Mathieu v. Imperial Toy Corp., 632 So. 2d 375 (La. App. 1994).

  60. City liable for $4,370,000 to surviving family of man shot and killed by officer responding to domestic disturbance call who thought a stick in man's hand as he came out of an apartment was a rifle. Camacho v. City of Cudahy, VC009187, La. Superior Court, March 31, 1994, reported in Los Angeles Daily Journal p. 5 (April 8, 1994).

  61. Officer who shot disturbed youth who allegedly had put down knife and was not then threatening anyone was entitled to qualified immunity from liability. McKinney v. DeKalb County, Ga., 997 F. 2d 1440 (11th Cir. 1993).

  62. Estate of man shot and killed while running toward officer carrying large board awarded $3.33 million in damages against city. Perez v. Harrison, 92-103-LH/DJFm /Fed. Dist. Ct., N.M., Dec. 17, 1993, reported in The National Law Journal, p. 9 (Jan. 10, 1994).

  63. Officer was not liable for shooting and killing mentally disturbed individual who chased him around parking lot threatening to kill him; while suspect was actually unarmed, officer could have reasonably believed he was reaching for a weapon when he reached in back of him, in light of blood he observed on suspect's arms and other circumstances. Wyche v. City of Franklinton, 837 F. Supp. 137 (E.D.N.C. 1993).

  64. City liable for $4.08 million to mentally disabled man who suffered paraplegia after being shot by police officers who thought the toy gun he was holding was a real weapon; award under appeal. Mathieu v. City of New Orleans, La., Orleans Parish Civ. Dist. Ct., No. 88-10254, Division H, Dec. 17, 1992, reported in 36 ATLA L. Rep. 374 (Dec. 1993).

  65. Jury awards $545,000 to surviving family of man shot and killed by police officer; officer asserted decedent was about to stab a man with a knife, while decedent's four siblings testified that he did not have a knife, but that officers placed one near his body after his death. Allen v. Redmond, U.S. Dist. Ct. N.D. Ill., reported in Chicago Tribune, p. 1 (Dec. 23, 1993).

  66. Off-duty officer did not use excessive force in shooting at windshield of vehicle which had hit him; officer reasonably believed the driver posed a serious threat of death or serious bodily harm to him. Drewitt v. Pratt, 999 F. 2d 774 (4th Cir. 1993).

  67. Mother and estate of youth shot and killed by officers seeking to stop him from driving away in car suspected to be stolen awarded $2 million in damages, including $1 million in punitive damages. Carmona-Rosado v. Municipality of Catano, U.S. Dist. Ct., D.P.R., No. 89-1531, Jan. 30, 1992, 35 ATLA L. Rep. 376 (Dec. 1992). N.Y.'s highest court upholds $4.3 million award to convicted robber, who attacked elderly man in subway, for paralysis resulting from shooting by transit police officer. McCummings v. N.Y.C. Trans. Auth., 81 N.Y. 2d 923, 613 N.E. 2d 559, 597 N.Y.S. 2d 653 (1993).

  68. Federal appeals court holds that officer's shooting of fleeing suspect in the back was "objectively reasonable" when he had reason to believe him to have committed a violent crime, to be armed with a knife which he appeared to be pulling, and to be inebriated; issue of whether suspect was actually unarmed at the time of the shooting was not relevant to officer's entitlement to qualified immunity. Krueger v. Fuhr, 991 F. 2d 435 (8th Cir. 1993).

  69. Improper admission of officer's statement that he had not previously shot anyone in 16 years on the force did not require new trial in case where jury held for defendant officer in shooting death of suspect who pulled cigarette lighter from pocket and threw it at officer; officer believed suspect might be pulling out a gun. Gates v. Rivera, 993 F. 2d 697 (9th Cir. 1993).

  70. Officer was entitled to qualified immunity for shooting and killing a domestic violence suspect armed with a screwdriver; officer reasonably believed that metal object in suspect's hand was a gun which he was raising against the officer. Vasquez v. Hernandez, 844 S.W. 2d 802 (Tex. App. 1992).

  71. Officer not liable for shooting and killing vehicle driver during traffic stop when he thought car passenger was attempting to shoot at him; trial court's instructions to jury were wrong, but not "plain error," and did not require reversal of jury verdict for defendant officer. Turner v. White, 980 F. 2d 1180 (8th Cir. 1992).

  72. Arrestee shot by Alaska state troopers could not sue for injuries under state law because of statute barring felons from recovering damages occurring as a result of the felony. Sun v. State, 830 P. 2d 772 (Alaska 1992).

  73. Police officers who shot and killed fleeing driver of car involved in armed robbery were not entitled to qualified immunity when a genuine issue of fact existed as to whether they should have realized that he was not armed and whether they had probable cause to believe that he posed a threat of serious bodily harm to themselves or others. Washington v. Newsom, 977 F. 2d 991 (6th Cir. 1992).

  74. Officer acted in reasonable self-defense in firing a shot at truck which appeared likely to run him down; neither officer or city was liable for death of truck's driver. Fraire v. City of Arlington, 957 F. 2d 1268 (5th Cir. 1992).

  75. Officers were entitled to qualified immunity for shooting and killing armed man who they were told had previously fired shots and was pointing a gun at them; fact that gun was unloaded did not alter result, since officers had no way of knowing that. Scott v. Henrich, 978 F. 2d 481 (9th Cir. 1992).

  76. Deployment of SWAT team and shooting of mentally ill woman to get her to submit to involuntary treatment was not an "unreasonable seizure" in light of the fact that she had threatened to shoot officers and swung a butcher knife at one officer. Williams v. Richmond County, Ga., 804 F. Supp. 1561 (S.D. Ga. 1992).

  77. Deputies and county were not liable for shooting unarmed 15 year-old black male in the back as he fled from them after dropping sawed-off shotgun; youth made a movement towards his waistband and deputies reasonably, if mistakenly, believed he had a second gun. Sims v. County of Los Angeles, No. BC 015-704, L.A. County Superior Court, Los Angeles, Calif. (June 4, 1992).

  78. Plaintiff who was convicted of criminal culpable negligence in firing the first shots at undercover officers outside a house through a closed door was not barred, by his conviction, from suing officers and county for alleged use of excessive force in returning fire in the ensuing shootout. Vasquez v. Metropolitan Dade County, 968 F. 2d 1101 (11th Cir. 1992).

  79. Mobile homeowner shot by officer in unmarked vehicle awarded $500,000 for use of excessive force; homeowner fired birdshot into air, believing officer to be a trespasser, but was unarmed when officer shot and hit him; county to pay award against officer. Sammons v. McDonald, U.S. Dist. Ct., S.D. Ga., No. CV189-199, Mar. 6, 1992, reported in 35 ATLA L. Rep. 289 (Oct. 1992).

  80. Officer was not entitled to dismissal of excessive force claim before trial on qualified immunity grounds when nine-year-old boy, who was not a suspect, claimed that officer put a gun to his head and threatened to pull the trigger without any justifying reason during a search of the boy's residence. McDonald v. Haskins, 966 F. 2d 292 (7th Cir. 1992).

  81. Officer's use of deadly force against a motorist who had previously shot at him was reasonable; although motorist did not then have his weapon in his hand, officer did not know that and reasonably still believed himself to be in danger. Daniels v. Terrell, 783 F. Supp. 1211 (E.D. Mo. 1992).

  82. Police officers' shooting of paranoid schizophrenic man twenty-two times presented a jury question on excessive use of force; while decedent was armed with knives, he may not have posed a serious threat of harm following a first or second round of shots; plaintiffs also stated a claim against city for inadequate training on use of force on disturbed persons. Russo v. City of Cincinnati, 953 F. 2d 1036 (6th Cir. 1992).

  83. Erroneous submission of both Fourth Amendment and Fourteenth Amendment constitutional claims to jury required new trial on civil rights claim arising out of police shooting; Fourth Amendment "reasonableness" standard was the only permissible claim. Ward v. city of San Jose, 948 F. 2d 1097 (9th Cir. 1991).

  84. Convicted robber who attacked elderly man in subway awarded $4.3 million for paralysis resulting from shooting by transit police officer.

  85. Summary judgment was improperly granted to officer sued for shooting and killing suspect who attacked him with his own club; whether officer's actions in firing four more shots after shooting suspect six times were reasonable was a jury question. Hopkins v. Andaya, 958 F. 2d 881 (9th Cir. 1992).

  86. Jury awards $44,000 to relatives of three robbers shot and killed by officers as they exited restaurant they had robbed. Arango v. Gates, U.S. Dist. Ct., reported in The New York Times, national Edition p. A11 (April 1, 1992).

  87. Award of $1 million to compensate mother for loss of her mentally ill son from police shooting was not supported by evidence; mental anguish of mother was the only damage shown and mother had previously been the object of son's violent behavior. Fields v. Dailey, 68 Ohio App. 3d 33, 587 N.E. 2d 400 (1990), reported 1992.

  88. Summary judgment was improper in alleged burglar's lawsuit against off-duty officer who shot him as he crouched by officer's house armed only with a screwdriver. Alexander v. Riccinto, 481 N.W. 2d 6 (Mich. App. 1991).

  89. Use of deadly force to stop motorist fleeing at speeds over 90 miles per hour was reasonable. Smith v. Freland, 954 F. 2d 343 (6th Cir. 1992).

  90. Officers were not entitled to qualified immunity for shooting a man when there was conflicting evidence as to whether he pointed a weapon at them; parents and children of deceased man could base their claims against officers on due process clause rather than Fourth Amendment. Curnow v. Ridgecrest Police, 952 F. 2d 321 (9th Cir. 1991).

  91. The Fourth Amendment gives a bystander no constitutional protection against unintentional shooting by police officers pursuing a fleeing suspect. Rucker v. Harford County, Md., 946 F. 2d 278 (4th Cir. 1991).

  92. Child, who was a fetus at the time officers shot and killed his father, could bring a civil rights suit over his father's death. Crumpton v. Gates, 947 F. 2d 1418 (9th Cir. 1991).

  93. Court overturns $1.24 million award against deputy in shooting death of suicidal woman; trial court failed to assess possible objective reasonableness of deputy's action in firing when he believed that woman may have been pointing her weapon at him; county's liability under state law for negligent failure to train or supervise deputies on how to deal with potential suicides upheld, however. Quezada v. County of Bernalillo, 944 F. 2d 710 (10th Cir. 1991).

  94. Deputy sheriff's shooting and killing of suspect was justified when he advanced on the deputy with a machete upraised and ignored orders to drop the weapon. Rhodes v. McDannel, 945 F. 2d 117 (6th Cir. 1991).

  95. State trooper who was justified in firing at mentally impaired man was not liable for negligence of other officers involved in incident based on theory of "acting in concert"; $2.24 million judgment against trooper and state reversed. State v. Will, 807 P. 2d 467 (Alaska, 1991).

  96. Sister and niece of man shot and killed by officers could not bring civil rights suit to recover damages for the "traumatizing effects" of witnessing his death. Borrero-Rentero v.Rivera, 761 F. Supp. 5 (D. Puerto Rico 1991).

  97. Bureau of Indian Affairs (BIA) officer properly shot intoxicated man running at officers with rifle pointed at them; fact that rifle was later found to be unloaded was irrelevant to officer's decision to use deadly force at the time. Waybenais v. U.S., 769 F. Supp. 306 (D. Minn. 1991).

  98. Officer's actions in entering a dark hallway in a residence at night without identifying himself as an officer, shining a flashlight, or wearing his police cap, were not objectively reasonable; officer was not entitled to qualified immunity for use of deadly force in response to occupants' reaction. Yates v. City of Cleveland, 941 F. 2d 444 (6th Cir. 1991).

  99. Narcotics officer participating in sting operation was entitled to qualified immunity for shooting arrestee; past incidents involving violence had taken place at location of the arrest and the arrestee ignored the officer's order to raise his hands, turning towards officer with an object in his hands. Slattery v. Rizzo, 939 F. 2d 213 (4th Cir. 1991).

  100. Armed security guard shot by homicide detectives staking out convenience store was properly awarded$50,000 in negligence claim against detectives and sheriff even though jury found security guard 50% at fault in the incident. Ansley v. Heinrich, 925 F. 2d 1339 (11th Cir. 1991).

  101. Officer reasonably shot and killed unarmed robbery suspect in stopped vehicle who repeatedly reached down below officer's sight line in defiance of orders to raise his hands. Reese v. Anderson, 926 F. 2d 494 (5th Cir. 1991).

  102. Officer's shooting of suspect in the jaw was objectively reasonable despite her alleged failure to follow standard police procedures for making a night time prostitution arrest; reasonableness is measured by what the officer knew immediately prior to and at the moment she fired the shot. Greenidge v. Ruffin, 927 F. 2d 789 (4th Cir. 1991).

  103. Officers were justified in firing at armed jail escapee who took police officer hostage and fired a shot as hostage tried to escape. Fitzgerald v. Patrick, 921 F. 2d 758 (8th Cir. 1990).

  104. Fourth Amendment's reasonableness standard, rather than Eighth Amendment's "cruel and unusual punishment" standard applied to shooting of escaping pretrial detainee by police officer. Wright v. Whiddon, 747 F. Supp. 694 (M.D. Ga. 1990).

  105. Officer was entitled to official immunity for injuries to suspect resulting from shot fired at guard dog attacking officer during raid on alleged drug house. Murray v. Leyshock, 915 F. 2d 1196 (8th Cir. 1990).

  106. Estate of arrestee handcuffed and shot in the head by paranoic schizophrenic police officer awarded $980,200 in damages and $132,228.50 in attorneys' fees against officer; municipality ordered to indemnify officer, now deceased. Graham v. Sauk Prairie Police Com'n 915 F. 2d 1085 (7th Cir. 1990).

  107. Armed robber who brandished shotgun at officer awarded $60,000 in damages against two officers who fired eight shots at him. Soba v. McGoey, 748 F. Supp. 227 (S.D.N.Y. 1990).

  108. DEA agent who shot and killed self-identified drug dealer who knocked him to the ground and chased him acted in self-defense and was not liable for violation of dealer's civil rights. Smith v. Hill, 741 F. Supp. 647 (E.D. Mich. 1990).

  109. N.J. Federal Court holds that Tennessee v. Garner does not apply retroactively; officer entitled to qualified immunity for shooting of fleeing felon. Rodriguez v. City of Passaic, 730 F. Supp.. 1314 (D.N.J. 1990).

  110. Appeals court upholds jury's verdict in favor of officers in suit over shooting at suspect; whether bullet in arrestee's hand came from officer's gun was irrelevant. Scott v. James, 902 F. 2d 672 (8th Cir. 1990).

  111. Arrestee could not recover for fright and "bad dreams" resulting from deputy placing revolver in his mouth and threatening to blow his head off. Wisniewski v. Kennard, 901 F. 2d 1276 (5th Cir. 1990).

  112. Shooting driver's truck tires and pointing gun at driver's head did not constitute unconstitutional use of deadly force. Johnson v. Morris, 453 N.W. 2d 31 (Minn., 1990).

  113. Building owner mistakenly shot by officer investigating burglary report had no claim against officer's partner, who used no force at all. Spera v. Lee, 728 F. Supp. 366 (E.D. Pa. 1990).

  114. Evidence of offenses of sex crimes arrestee shot during unsuccessful escape attempt could be admitted in his lawsuit against officers; it was relevant to the reasonableness of their actions. Geitz v. lindsey, 893 F. 2d 148 (7th Cir. 1990).

  115. Ninth Circuit Court of Appeals holds that Graham v. Connor standard for excessive force claims applies retroactively; orders new trial on officer's shooting of man while responding to domestic disturbance call. Reed v. Hoy, 891 F. 2d 1421 (9th Cir. 1989).

  116. Officer entitled to qualified immunity for shooting robbery suspect in the head; suspect had knife in his pocket and presented risk to store clerk he had previously held at knife-point. Newcomb v. City of Troy, 719 F. Supp. 1408 (E.D. Mich. 1989).

  117. Whether officer was reasonable in using deadly force against person creating a disturbance was a question of fact in light of conflicting evidence. Zuchel v. Spinharney, 890 F. 2d 273 (10th Cir. 1989).

  118. Federal appeals court upholds $5.1 million award for shooting by officers that rendered plaintiff paraplegic. Gutierrez-Rodriguez v. Cartagena, 882 F. 2d 553 (1st Cir. 1989).

  119. Police officer was immune from suit if he acted in good faith in shooting fleeing unarmed burglar, but Michigan's fleeing felon statute held retroactively unconstitutional. Washington v. Starke, 433 N.W. 2d 834 (Mich. App. 1988).

  120. Civil rights plaintiff had burden of overcoming officer's argument that he fired in self-defense. Miller v. Taylor, 877 F. 2d 469 (6th Cir. 1989).

  121. Police officer entitled to summary judgment on excessive force complaint when plaintiff did not submit any evidence. Hinojosa v. City of Terrell, 864 F. 2d 401 (5th Cir. 1989).

  122. Deputy was justified in shooting drunken man who took his night stick and was advancing on him with night stick upraised. Estate of Belew by Belew v. Ruppert, 694 F. Supp. 1214 (D. Md. 1988).

  123. Mother of arrestee allegedly shot in head could recover for loss of son's companionship in federal suit even if state did not allow such recovery. Hutson v. Bell, 702 F. Supp. 212 (N.D. Ill. 1988).

  124. Officer on medical roll was not acting under color of law when he shot and killed individual, despite failure of city to confiscate weapon or ammunition. Gibson v. City of Chicago, 701 F. Supp. (N.D. Ill. 1988).

  125. Officer's shooting of man who threatened him with knife was objectively reasonable; city's failure to reprimand or discipline officer did not demonstrate unconstitutional policy. Estate of Jackson v. City of Rochester, 705 F. Supp. 779 (W.D.N.Y. 1989).

  126. Parents could bring civil rights suit for loss of relationship with adult son allegedly killed by police. Agresta v. Sambor, 687 F. Supp. 162 (E.D. Pa. 1988).

  127. Arrestee awarded $400,000 for alleged negligent shooting; exclusion of evidence of arrestee's prior felony conviction for assault against officer was "harmless error". Clark v. Buhring, 761 P. 2d 266 (Colo. App. 1988).

  128. Officers who killed decedent during a shoot-out started by the decedent are entitled to qualified immunity. Standridge v. City of Seaside, 545 F. Supp. 1195 (N.D. Cal. 1982).

  129. Plaintiff sues federal officials for shooting him during drug arrest. Tefft v. Seward, 689 F. 2d 637 (6th Cir. 1982).

  130. Officer ordered to pay $140,223.70 to armed man he chased into motel room and shot. Smith v. Heath, 691 F. 2d 220 (6th Cir. 1982).

  131. City liable for killing unarmed suspect and then planting "throw down" gun on him. Webster v. City of Houston, 689 F. 2d 1220 (5th Cir. 1982).

  132. FBI not negligent for gunshot injuries to plaintiff who was attempting to rob a bank. Amato v. United States, 549 F. Supp. 863 (D.N.J. 1982).

  133. Plaintiff in process of "hijacking" school bus suffered no constitutional rights violations when shot by officer. Todd v. White Lake Twp., 554 F. Supp. 272 (E.D. Mich. 1983).

  134. Marshal shot and killed unwilling evictee in self-defense. Parrott v. Wilson, 707 F. 2d 1262 (11th Cir. 1983).

  135. No liability for shooting of 16-year-old fleeing robbery suspect. Simmons v. City of Chicago, 455 N.W. 2d 232 (Ill. App. 1983).

  136. Officer could be liable for shooting and killing plaintiff's son; no liability to police chief or city absent negligent training or policy allegation. White v. Talboys, 573 F. Supp. 49 (D. Colo. 1983).

  137. Possible liability for shooting fleeing misdemeanant. Cross v. City of Gary, 456 N.E. 2d 614 (Fla. App. 1983).

  138. Case reversed and city not liable for officer's shooting and killing his relatives with service revolver, Morgan v. District of Columbia, 468 A. 2d 1306 (D.C. App. 1983).

  139. City and police chief could be liable for negligent training and supervision of officer who shot man leaving scene of traffic stop; plaintiff's erratic driving serves as probable cause to take blood and urine sample. Hopper v. Payes, 573 F. Supp. 1368 (D. Idaho 1983).

  140. City liable for police permitting officer's shooting unarmed 15-year-old. Taylor v. Collins, 574 F. Supp. 1554 (E.D. Mich. 1983).

  141. Case to continue for determination of whether officer's shooting of rape suspect in van was reasonable. Taylor v. Mayone, 574 F. Supp. 609 (S.D.N.Y. 1983).

  142. State not responsible for correctional guard's off-duty incidents to prevent crime. Frazier By Western v. State, 474 N.Y.S. 2d 7 (App. 1984).

  143. Police officer shot three times by man in rage over not having use of his telephone. Ball v. State of Ga., 733 F. 2d 1557 (11th Cir. 1984).

  144. No liability since decedent drew pistol during arrest attempt. Singer v. Wadman, 745 F. 2d 606 (10th Cir. 1984).

  145. Wrongful shooting death to proceed in federal court; plaintiff not forced to state jurisdiction under Parratt. Bullard v. Valentine, 592 F. Supp. 774 (E.D. Tenn. 1984).

  146. O.K. to shoot at rape suspect fleeing past roadblock. Taylor v. Mayone, 599, F. Supp. 148 (S.D. N.Y. 1984).

  147. Drawing gun to approach motorist during "spot check" not grounds to recover for outrage; court recently ruled matching description on warrant not grounds to arrest. Guffey v. State, 690 P. 2d 1163 (Wash. 1984).

  148. Bystander partially at fault when shot by police during arrest attempt. City of San Antonio v. Higle, 685 S.W. 2d 682 (Tex. App. 1985).

  149. Plaintiff given opportunity to prove supervisor's failure to inform officers on deadly force regulations grounds for liability for shooting fleeing felon. Moore v. City of Columbia, 326 S.E. 2d 157 (S.C. App. 1985).

  150. Shooting fleeing teenagers as they fled from robbery scene not grounds for liability. Crawford v. Edmonson, 764 F. 2d 479 (7th Cir. 1985).

  151. Summary judgment in state court because of immunity does not preclude federal action. Ligas v. Allen, 765 F. 2d 53 (3rd Cir. 1985).

  152. Police chief's failure to make changes, reprimand or fire officers sufficient to infer policy for section 1983 municipal liability; dissenting judge says liability should not be based on a "lack of remorse" after an incident. Grandstaff v. City of Borger, 767 F. 2d 161 (5th Cir. 1985).

  153. Deputy wins countersuit after widow sued for wrongful death. Baltezore v. Concordia Parish Sheriff's Dept., 767 F. 2d 202 (5th Cir. 1985).

  154. State court verdict, unlike summary judgment, bars federal action. Devan v. City of Des Moines, Iowa, 767 F. 2d 423 (8th Cir. 1985).

  155. No liability for shooting that occurred after officer found couple having intercourse in park. Rhiner v. City of Clive, 373 N.W. 2d 466 (Iowa 1985).

  156. Deadly force policy in Alabama results in $100,000 liability for officer's shooting. Pruit v. City of Montgomery, Ala., 771 F. 2d 1475 (11th Cir. 1985).

  157. 11th Circuit finds Section 1983 liability for intentional shooting. Gilmere v. City of Atlanta, Ga., 774 F. 2d 1495 (11th Cir. 1985).

  158. Court reverses $250,000 judgment by finding shooting was reasonable; parents have no constitutional right to sue. Ealey v. City of Detroit, 375 N.W. 2d 435 (Mich. App. 1985).

  159. Court finds no wrongdoing in shooting fleeing felon already placed under custody. Garcia v. Wyckoff, 615 F. Supp. 217 (D.C. Colo. 1985).

  160. Court finds no conspiracy in shooting of decedent, who allegedly would not sell drugs for deputies; no liability for deputies' shooting decedent's dogs. Pfeil v. Rogers, 757 F. 2d 850 (7th Cir. 1985).

  161. Officer liable for shooting after improperly handling arrest. Young v. City of Killeen, Tex., 775 F. 2d 1349 (5th Cir. 1985).

  162. Police shot resident in mistaken belief he was a burglar; prejudgment interest awarded. Aubin v. Fudala, 782 F.2d 280 (1st Cir. 1983). Aubin v. Fudala, 782 F. 2d 287 (1st Cir. 1986).

  163. Not necessary to join arresting officers in suit against municipality. Ellison v. Town of Brookside, 481 So. 2d 89O (Ala. 1985).

  164. City not liable for officer's being shot by fellow officer. McKenna v. City of Memphis, 785 F. 2d 560 (6th Cir. 1986).

  165. Off-duty officer riding with son alerted to robbery in which he used firearms. Hill v. Jenkins, 620 F. Supp. 272 (N.D. Ill. 1985).

  166. Defense counsel's statement that police would have to personally pay judgment admissible; shooting review board report also admissible. Perrin v. Anderson, 784 F. 2d 1040 (10th Cir. 1986).

  167. Over $1 million awarded for police officer on routine patrol negligently shooting drug agents. Mazzilli v. Doud, 485 So. 2d 477 (Fla. App. 1986).

  168. Decision to shoot was ministerial, not discretionary; no immunity. Watson v. Quarles, 381 N.W. 2d 811 (Mich. App. 1985).

  169. City proves training policy adequate to avoid liability; suit to continue against police, even though decedent was armed when they fired their weapons. York v. City of San Pablo, 626 F. Supp. 34 (N.D. Cal. 1985).

  170. Recommendations of officer's dismissal inadmissible. Hargress v. City of Montgomery, 479 So. 2d 1137 (Ala. 1985).

  171. Plaintiff's closing argument that government will pay damages in a Section 1983 action prejudicial to police; new trial ordered. Griffin v. Hilke, 804 F. 2d 1052 (8th Cir. 1986).

  172. Garner given retroactive application by the sixth circuit. Carter v. City of Chattanooga, Tenn., 803 F. 2d 217 (6th Cir. 1986).

  173. Children have no fourth amendment claim in father's shooting; estate does. Smith v. City of Fontana, 807 F. 2d 796 (9th Cir. 1987).

  174. Court rules officer need not see a gun before shooting fleeing bank robber; observing employees with hands held over their heads supports shooting under Garner rules. Ford v. Childers, 650 F. Supp. 110 (C.D. Ill. 1986).

  175. Police officer's intentional tort is within the scope of employment if it was foreseeable; city could be liable for negligent retention of officer with violent tendencies. Hill By Hill v. Mitchell, 653 F. Supp. 1194 (E.D. Mich. 1986).

  176. Police firing their weapons at gunman without identifying themselves was justified. Trejo v. Wattles, 654 F. Supp. 1143 (D. Colo. 1987).

  177. Over $200,000 awarded for deputies' shooting and killing store owner, mistaking him for burglar. Lundgren v. McDaniel, 804 F. 2d 600 (11th Cir. 1987).

  178. Use of deadly force against non dangerous fleeing felon results in $472,000 judgment. Guider v. Smith, 403 N.W. 2d 505 (Mich. App. 1987).

  179. Tenth circuit U.S. Court of Appeals finds officer acted reasonably in shooting female juvenile who appeared to be armed while fleeing from robbery of Pizza Hut. Ryder v. City of Topeka, 814 F. 2d 1412 (10th cir. 1987).

  180. Civil rights suit ordered to continue against police over shooting; city dismissed from suit after police lieutenant testified that training was adequate. Anderson v. City of Pocatello, 731 P. 2d 171 (Idaho 1986).

  181. Undercover police officer accused of firing his weapon without justification during drug transaction. Fundiller v. City of Cooper City, 777 F. 2d 1436 (11th Cir. 1985).

  182. Depression over police incident states claim for suicide. Parker v. Superior Court, 223 Cal. Rptr. 292 (App. 1985).

  183. No liability for suicide of arrestee two years after being shot and paralyzed by officer. District of Columbia v. Peters, 527 A. 2d, 1269 (D.C. App. 1987).

  184. Children of man shot by police can bring civil rights lawsuit for loss of companionship, children's action can raise fourth amendment, but not first or eighth amendment claims. Smith v. City of Fontana, 818 F. 2d 1411 (9th Cir. 1987).

  185. U.S. Court of Appeals for 7th Circuit upholds $1.6 million civil rights verdict for fatal shooting of unarmed teenager; allows damages for the "hedonic" value of life and loss of parental association. Sherrod, v. Berry, 827 F. 2d 195

  186. (7th Cir. 1987).

  187. Officer who shot youth in head liable for $150,000; youth's mother and siblings could not bring suit on their own behalf, however. Guzman Rosa v. de Alba, 671 F. Supp. 882 (D. Puerto Rico, 1987).

  188. Pointing loaded pistol at arrestee was not constitutionally excessive force. Hinojosa v. City of Terrell, Tex., 834 F. 2d 1223 (5th Cir. 1988).

  189. Store owner shot by state trooper under misconception that hostage situation was taking place within store; allowed to proceed with suit against trooper. Thompson v. Spikes, 663 F. Supp. 627 (S.D. Ga. 1987).

  190. Town not liable for officer's shooting of arrestee while executing warrant for failure to pay traffic fine. Stokes v. Bullins, 844 F. 2d 269 (5th Cir. 1988).

  191. Second circuit court of appeals holds that supreme court decision on deadly force applies retroactively; reasonable use of deadly force measured by individual officer's knowledge. Davis v. Little, 851 F. 2d 605 (2nd Cir. 1988).

  192. Sixth circuit holds that supreme court decision on deadly force should not be applied retroactively to Tennessee fleeing felon statute. Carter v. City of Chattanooga, Tenn., 850 F. 2d 1119 (6th Cir. 1988).

  193. Use of deadly force against hospital patient brandishing knife did not violate fourth amendment. O'Neal v. DeKalb County, Ga., 85O F. 2d 653 (11th Cir. 1988).

For full-text review of the above cases, we recommend that you visit:







copyright 2004 The Police Policy Studies Council. All rights reserved. a Steve Casey design.