Aipperspach Ex Rel. Estate of Al-Hakim v. McInerney
2014 U.S. App. LEXIS 17201
| 8th Cir. | 2014Background
- Officers responded to a Riverside call about Al-Hakim staying in a neighbor’s apartment and entered a wooded ravine pursuit.
- Al-Hakim appeared to hold a black handgun but was in fact a Daisy 008 air pistol; he refused to drop the weapon.
- Officers arrayed on the ravine ridge and perceived a threat as Al-Hakim allegedly pointed at them and swung the gun toward them.
- Al-Hakim slipped, regained balance, and swung the gun toward officers before multiple shots were fired; he died from injuries.
- A helicopter news video captured the events; the district court granted summary judgment for Riverside defendants and the Kansas City board; the court reviewed de novo and held the force reasonable; Aipperspach appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deadly force was objectively reasonable under the Fourth Amendment. | Aipperspach argues video shows surrender gestures contradicting threat. | Defendants contend officers reasonably feared for lives given the weapon and conduct. | Yes; force deemed objectively reasonable. |
| Whether the helicopter video created a genuine issue of material fact overruling summary judgment. | Video could show surrender, undermining force risk. | Video does not undermine ground-level perspective on threat. | Video did not create a material dispute; not enough to defeat summary judgment. |
| Whether the district court properly weighed contested facts in a summary-judgment posture. | Disputes exist that should preclude judgment. | Court correctly focused on objective reasonableness and split-second judgments. | No genuine issues material to the Fourth Amendment analysis. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (objective reasonableness standard for excessive force)
- Loch v. City of Litchfield, 689 F.3d 961 (8th Cir. 2012) (split-second judgments; probable cause to believe threat)
- Morgan v. Cook, 686 F.3d 494 (8th Cir. 2012) (tense, uncertain, rapidly evolving situation)
- Scott v. Harris, 550 U.S. 372 (U.S. 2007) (video aided summary judgment in deadly-force case)
- Nance v. Sammis, 586 F.3d 604 (8th Cir. 2009) (eyewitness/forensic evidence conflicting with officer claims)
- Hayden v. Green, 640 F.3d 150 (6th Cir. 2011) (police video contradicted plaintiff’s description)
- Thompson v. Hubbard, 257 F.3d 896 (8th Cir. 2001) (sustained summary judgment where suspect looked back and reached)
- Sinclair v. City of Des Moines, 268 F.3d 594 (8th Cir. 2001) (no right prohibiting deadly force when weapon apparently loaded)
- Penley v. Eslinger, 605 F.3d 843 (11th Cir. 2010) (examples of deadly-force analysis in other circuits)
- Wilson v. Meeks, 52 F.3d 1547 (10th Cir. 1995) (objective reasonableness standard guidance)