Williams v. Strickland (P)

The district court did not err in denying a motion for summary judgment for two law enforcement officers seeking qualified immunity.

The plaintiff claimed that the officers violated his Fourth Amendment rights by using deadly force while arresting him (shooting him). If they started or continued to fire on the plaintiff after they were no longer in the trajectory of his car, they violated his right to freedom from excessive force. This right falls well within the ambit of law clearly established by a 2005 ruling by this court, which obviously and manifestly encompasses the facts of this case.

Because a reasonable jury could conclude that the officers acted in a way that violated Williams’s clearly established federal rights, they are not entitled to summary judgment on the basis of qualified immunity.

Affirmed.

Williams v. Strickland (P), No. 18-6219, Mar. 5, 2019. 4th Cir. (Floyd) from DSC at Beaufort (Duffy).



Categories: 4th U.S. Circuit Court of Appeals, Published

Tags:

%d bloggers like this: