Alex Wayne Morton v. Jeremy Kirkwood, 2013 U.S. App. LEXIS 2754

Morton sat in a running car in a park at night; the car was nearly stationary with headlights on and Morton manually raised his hands after hearing an officer's shout.
Kirkwood shot Morton seven times into the stationary car, paralyzing him; Morton contends he did not accelerate and had shifted to park.
Forensic scene evidence (tire tracks, glass, cartridge casings) exists, but Morton’s version holds that the car was not an imminent threat when shot; Kirkwood’s version claims Morton accelerated toward Officer Nugent.
Morton sued Kirkwood under 42 U.S.C. § 1983 for excessive force and under Alabama law for assault and battery; the district court denied Kirkwood’s summary judgment based on qualified immunity.
The Eleventh Circuit reviews de novo the denial of summary judgment on qualified immunity; the court must view evidence in Morton’s favor and decide whether Kirkwood violated clearly established rights.
The court also considers state-agent immunity under Alabama law, focusing on the Guntersville Police Department Policy Manual and whether Kirkwood acted beyond authority.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the use of deadly force excessive under the Fourth Amendment?	Morton	Kirkwood	Yes; the force was unconstitutional under the circumstances.
Was Morton’s Fourth Amendment right clearly established such that Kirkwood’s immunity did not apply?	Morton	Kirkwood	Yes; Garner/Vaughan to Scott-based framework shows rights were clearly established.
Does Alabama state-agent immunity apply given the Policy Manual?	Morton	Kirkwood	Issue for the jury; policy could strip immunity if violated.

Tennessee v. Garner, 471 U.S. 1 (U.S. 1985) (unreasonable use of deadly force to prevent escape when no threat exists)
Graham v. Connor, 490 U.S. 386 (U.S. 1989) (reasonableness standard for force during seizures)
McCullough v. Antolini, 559 F.3d 1201 (11th Cir. 2009) (contextual factors for deadly force lack of danger in some scenarios)
Vaughan v. Cox, 343 F.3d 1323 (11th Cir. 2003) (immediate threat required for deadly force; non-violent flight cases)
Scott v. Harris, 550 U.S. 372 (U.S. 2007) (when evidence contradicts plaintiff’s story, court may rely on record)
Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (objective standard for qualified immunity)
Hope v. Pelzer, 536 U.S. 730 (U.S. 2002) (clearly established rights or obvious illegality)
Priester v. City of Riviera Beach, 208 F.3d 919 (11th Cir. 2000) (tests for clearly established rights in excessive force)
Ex parte Butts, 775 So.2d 173 (Ala. 2000) (state-agent immunity limits when acted beyond authority)
Ex parte Reynolds, 946 So.2d 450 (Ala. 2006) (immunity not available when officer violates detailed rules)
Ex parte City of Tuskegee, 932 So.2d 895 (Ala. 2005) (immunity depends on adherence to checks and regulations)