Académique Documents
Professionnel Documents
Culture Documents
No. 15-1353
RAINA CONNOR,
Carter,
Administratrix
of
the
Estate
of
Adam
Wade
Plaintiff - Appellee,
v.
TAVARES THOMPSON, in his official and individual capacities;
WAKE COUNTY SHERIFF DONNIE HARRISON, in his official and
individual capacities; THE OHIO CASUALTY INSURANCE COMPANY,
Defendants Appellants,
and
XYZ CORPORATION, in its capacity as Surety on the official
bond of the Sheriff of Wake County; JOHN AND JANE DOES 1-10,
individually and in their official capacities as Deputy
Sheriffs of Wake County; WAKE COUNTY; ASHLEY STEINBERGER;
KELLY MITCHELL,
Defendants.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
Senior District Judge. (5:12-cv-00701-H)
Argued:
Decided:
May 2, 2016
PER CURIAM:
Todd McElfresh called 911 to request help transporting
his nephew, Adam Carter, to a local psychiatric hospital because
Carter was threatening to kill himself.
Tavares Thompson, a
When
Thompson
encountered
Carter,
the
latter
was
Thompson, upon
When Carter
Both shots
(collectively,
alleges,
inter
excessive
force
County
Sheriff
alia,
and
Appellants). 2
that
assault
failed
to
Appellees
Thompsons
and
battery,
provide
actions
and
adequate
that
complaint
constitute
the
Wake
training
and
to
Services,
Monell
436
U.S.
v.
658
New
York
City
(1978).
The
Department
district
of
Social
court
denied
We affirm in part
morning,
drunk
they
struggled
speak
found
with
to
Carter
alcoholism,
and
doctor.
indicated
Carter
suicidal.
that
told
he
his
Carter,
was
uncle
willing
that
who
to
he
911.
McElfresh
did
get
an
answer
there,
and
after
efforts
were
not
entirely
successful.
After
back
to
McElfresh,
and
walked
to
the
kitchen.
He
He met
McElfresh
told Carter that his ride had arrived, and both men started
downstairs
toward
the
foyer.
Carter
was
still
holding
the
from
this
general
description,
the
parties
dispute what exactly happened between the time Thompson saw the
knife and the time he fired his weapon.
5
and
therefore
incorporate,
the
district
courts
C.
Based on the foregoing, Appellee sued Appellants, on
October 25, 2012, in the United States District Court for the
Eastern District of North Carolina.
Complaint
asserts
in
relevant
part
causes
of
action
for
May
30,
2014,
Appellants
summary
in
dispute
which
preclude
the
for
moved
excessive
entry
of
summary
Conner, 2015 WL
claim
is
precluded
because
of
disputed
on
the
Monell
liability,
inadequate
training
and
Appellants
timely appealed.
II.
We review de novo a district courts decision to deny
a summary judgment motion asserting qualified immunity.
Summary
genuine
dispute
as
to
any
material
fact
and
the
movant
is
F.3d 95, 100 (4th Cir. 2015) (citation omitted) (quoting Fed. R.
Civ. P. 56(a)).
first
satisfy
ourselves
of
our
jurisdiction
without
this
jurisdiction
disputes of fact.
because
appeal
turns
solely
on
within
the
meaning
of
28
U.S.C.
1291 . . . .
District
Courts
determination
that
On the other
the
summary
(internal
two
rules
quotation
marks
allow
to
us
omitted).
review
the
In
legal
combination,
conclusions
interlocutory
appeal
but
do
not
permit
us
to
reconsider
any
Id.
In other words, . . . we
established
law
accepting
the
facts
as
the
district
this
reason,
we
do
not
consider
Appellants
2015).
The
district
courts
articulation
of
these
Thompson
had
just
crossed
the
threshold
of
the
front
The
crux
the
of
appeal
Appellants
need
not
be
argument
is
dismissed
the
legal
Officers
evidence
mention
that
they
believe
will
ultimately
legal
argument
that
constitutional rights.
of
our
they
did
not
contravene
Coopers
jurisdiction
under
the
collateral
order
doctrine . . . .).
Accordingly,
whether
the
facts,
we
as
proceed
viewed
by
our
jurisdiction
to
the
resolve
the
district
question
court,
of
entitle
extends
to
the
remaining
issues
on
appeal.
B.
We turn, then, to Appellants primary contention -that
Thompson
is
entitled
to
qualified
immunity
from
the
immunity
violations
protects
but
10
who,
officers
in
light
who
of
commit
clearly
established
law,
were lawful.
could
reasonably
believe
that
their
actions
Graham
Consequently, we evaluate
Additionally,
11
The
objective
reasonableness
standard
requires
individuals
Fourth
Amendment
interests
against
the
Smith v. Ray,
781 F.3d 95, 101 (4th Cir. 2015) (quoting Graham, 490 U.S. at
396).
the
severity
of
the
crime
at
issue,
whether
the
others,
and
whether
he
is
actively
resisting
arrest
or
our
balancing
test.
Because
[t]he
intrusiveness
(1985).
Our task, then, is to determine whether the facts and
circumstances
found
by
first
and
the
district
court
establish
this
Graham
factors
plainly
favor
not
this
committed
any
crime,
subjects] favor.
factor
weighs
heavily
in
[the
Vill. of Pinehurst, 810 F.3d 892, 899 (4th Cir. 2015) (quoting
Bailey v. Kennedy, 349 F.3d 731, 743-44 (4th Cir. 2003)).
courts
As
to
the
third
factor,
nothing
view
of
the
facts
supports
in
the
conclusion
district
that
Carter
Viewed
Carter
direction
slowly
of
the
staggered
Deputy
down
after
his
the
steps
uncle
said
in
the
to
general
follow
him
Such behavior
inflicting
deadly
force.
See
Smith,
781
F.3d
at
102-03
factor
the
parties
nonetheless
Carters
actions
arguments
favored
are
13
the
center
use
reasonably
of
on
whether
force,
believed
the
namely,
to
have
the
record
in
the
light
most
favorable
to
Appellee,
closer
to
Thompson)
rather
than
stopping.
As
for
the
threatened
with
the
(emphasis in original). 5
possession
of
his
weapon.
Cooper,
735
F.3d
at
159
knife,
the
assumed
circumstances
Thompson
the
present
assumed
that
inquiry,
Carter
the
never
district
raised
his
court
knife,
reasonable
officer
would
have
had
probable
cause
to
14
feel
Cir.
the
the
not
threatened.
been
informed
that
Carter
was
suicidal,
which
that
and
where
had
police
created
officers
could
failed
nocturnal
have
to
identify
disturbance
on
the
been
apparent
to
[the
Officers]
at
the
time
of
the
district
stagger[ing] . . .
support himself.
that
court
an
also
while
assumed
holding
that
on
to
Carter
the
wall
individual
can
barely
walk
contravenes
was
to
Evidence
a
police
we
fail
probable
the
to
district
see
cause
how
to
courts
they
believe
would
that
assumed
give
[Carter]
facts
in
reasonable
pose[d]
knife
in
his
own
15
residence
while
providing
no
Using
deadly
force
against
such
an
individual
is
denying
question
Appellants
whether
motion
for
Thompsons
summary
actions
judgment
violated
on
the
Carters
constitutional rights.
2.
We turn, then, to the second inquiry in our qualified
immunity
analysis:
Was
this
constitutional
violation
clearly
when
state
officials
violate
the
Constitution,
civil
liability
violate clearly
rights.
curiam)
so
long
established
as
their
statutory
conduct
or
does
not
constitutional
sufficiently
quotation
clearly
marks
established
to
omitted).
expose
A
an
right
is
official
to
16
what
he
is
doing
violates
that
right.
Id.
say
that
an
official
action
is
(quoting
This is not
protected
by
qualified
unlawful;
but
it
is
to
say
that
in
the
light
483
U.S.
635,
640
(1987)
(citation
of
pre-
Anderson v.
omitted).
We
general
(quoting
proposition.
Brosseau
v.
Haugen,
In
case,
Mullenix,
543
U.S.
136
S.
Ct.
at
308
194,
198
(2004)
(per
suicidal
and
curiam)).
this
Thompson
confronted
held
in
non-threatening
manner
while
slowly
The
We think
that
police
officers
limit
deadly
force
to
have
since
held
that
officers
who
commit
And
violation
in
Garner
are
not
entitled
to
qualified
immunity.
officer
could
think
that
suicidal,
No
non-criminal
justification
proscription.
to
bar
to
deviate
from
Garners
bright-line
qualified
immunity
in
this
case.
See
Weinmann
v.
McClone, 787 F.3d 444, 451 (7th Cir. 2015) (holding that Garner
(and Graham) provided adequate clearly established law to guide
an
officers
conduct
when
he
encountered
an
armed
suicidal
Mercado
v.
City
of
Orlando,
407
F.3d
1152,
1160
border
between
excessive
and
18
acceptable
force
that
the
the
threatening
officers
is
who
also
use
of
existing
force
individual.
acted
in
against
Most
2007
Fourth
Circuit
an
armed,
specifically,
were
not
precedent
we
entitled
but
non-
held
that
to
qualified
Cooper,
Appellees
735
version
F.3d
of
at
159;
events,
see
id.
Thompson,
at
160.
acting
in
2012, had no less notice that deadly force was clearly unlawful
when he fired as Carter descended two steps inside his home,
refused to drop a paring knife, but otherwise did nothing to
support
the
conclusion
that
he
posed
an
immediate
threat
to
anyones safety.
As
the
district
court
recognized,
then,
summary
trier
of
facts
finding
that
19
shooting
Carter
amounted
to
excessive force.
challenge
the
district
courts
summary
immunity
precludes
the
pending
assault
and
battery
the
constitutional
claims
lodged
against
the
Wake
County
20
Generally,
liability
may
judgment.
be
erroneous
reviewed
Swint
(1995).
[a]n
v.
effectively
Chambers
Accordingly,
ruling
the
Cty.
denial
on
on
appeal
Commn,
of
[supervisory]
514
from
U.S.
Appellants
final
35,
motion
43
for
Id.;
see also Evans v. Chalmers, 703 F.3d 636, 654 n.11 (4th Cir.
2012)
(We
recognize
that
because
cities
do
not
possess
jurisdiction
interlocutory
individual
issue
are
officers
of . . .
nevertheless
to
appeals.
(citation omitted)).
review
Where
[supervisory]
such
our
qualified
correct
a
that
denial
we
in
certain
determinations
immunities
liability,
fully
we
of . . .
resolve
[may]
have
the
exercise
Evans, 703
F.3d at 654 n.11; see also Altman v. City of High Point, 330
F.3d 194, 207 n.10 (4th Cir. 2003).
achieved
when
qualified
immunity
[F]ull[] resol[ution] is
analysis
results
in
the
require
predicate
constitutional
21
to
proceed,
Id.
that
would
allow
the
trier
of
fact
to
conclude
that
See City
of Canton v. Harris, 489 U.S. 378, 385 (1989); see also Shaw v.
Stroud, 13 F.3d 791, 799 (4th Cir. 1994) (listing the elements
necessary to establish a constitutional violation pursuant to a
supervisory liability theory).
confirming
the
existence
of
claims
prerequisite
can
be
of
[supervisory]
claim[s]
at
an
interlocutory
stage.
Martin v. City of Broadview Heights, 712 F.3d 951, 963 (6th Cir.
2013).
Appellants
request
that
we
reverse
the
district
22
2.
We do have jurisdiction to consider Appellants final
challenge -- whether the district court erred by denying their
motion
for
summary
judgment
North
Carolinas
with
respect
to
the
state
law
doctrine
of
public
officers
immunity,
evidence
that
Thompson
acted
maliciously,
[a]
police
officer[s]
appeal
corruptly,
or
the
district
courts
Bailey, 349
state
law
claim
of
assault
and
battery
is
subsumed
23
That
summary
holding
judgment
on
controls
this
Thompsons
case.
Our
qualified
denial
immunity
of
defense
fate.
We
affirm
the
district
courts
conclusion
that
the
foregoing
reasons,
the
judgment
of
the
assault
district
and
courts
battery
claims.
determination
of
Appellants
the
appeal
supervisory
of
claims
the
is
24