699 F. App'x 495
6th Cir.2017Background
- Nighttime traffic stop: Officer David Gerlach approached Ronald Carden and a companion who were roadside with a flat tire; Gerlach ran the plate and re-engaged when registration mismatched.
- Encounter escalated: Carden leaned into Gerlach’s cruiser; Gerlach ordered him to approach; a physical altercation ensued during which Carden struck Gerlach and repeatedly grabbed at Gerlach’s holstered firearm but never obtained it.
- Use of less-lethal force failed: Gerlach tased Carden multiple times (including drive-stun and neck applications); the Taser entangled and shocked Gerlach during the struggle.
- Flight and shooting: Carden, having been on top of Gerlach, stood up, turned away, and began to flee; while unarmed and fleeing, Gerlach fired approximately six shots from behind—six fatal wounds to Carden’s back—about 35 seconds after the initial strike.
- Procedural posture: Carden’s son sued under 42 U.S.C. § 1983 alleging excessive force. The district court denied Gerlach qualified immunity, finding a jury could conclude Carden posed no threat when shot and that the law was clearly established. Gerlach appealed interlocutorily.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gerlach’s shooting of an unarmed, fleeing suspect violated the Fourth Amendment and whether qualified immunity applies | Shooting an unarmed suspect who had ceased the struggle and was fleeing was excessive; law clearly prohibited deadly force against non-dangerous fleeing suspects | Officer argues prior case law did not clearly establish that shooting a suspect who had grabbed at his holstered gun moments earlier was unlawful once the suspect fled; raises factual inferences challenging threat level | Court affirmed denial of qualified immunity: under district-court–favorable facts (accepted on interlocutory review) deadly force against an unarmed fleeing suspect was unconstitutional and was clearly established law |
Key Cases Cited
- Bouggess v. Mattingly, 482 F.3d 886 (6th Cir. 2007) (deadly force unjustified where the struggle concluded and the suspect, unarmed, fled)
- Tennessee v. Garner, 471 U.S. 1 (U.S. 1985) (constitutional rule limiting deadly force against fleeing suspects who do not pose serious threat)
- Mullins v. Cyranek, 805 F.3d 760 (6th Cir. 2015) (qualified immunity affirmed where officer reasonably believed suspect still held a gun)
- Untalan v. City of Lorain, 430 F.3d 312 (6th Cir. 2005) (deadly force may be justified where decedent posed ongoing stabbing threat)
- Kirby v. Duva, 530 F.3d 475 (6th Cir. 2008) (assessing reasonableness of force in sequential stages)