Daniel Simmonds v. Genesee County
2012 U.S. App. LEXIS 12347
| 6th Cir. | 2012Background
- On November 23, 2007, 911 calls reported Kevin Simmonds’s threats to kill and potential self-harm; officers responded to both the Carey residence and the Simmondses’ property.
- Simmonds warned officers Kevin owned a pistol and shotgun; Kevin refused to comply and fled into a wooded area after being confronted at the private road.
- Officers planned to block the private road and negotiate; Kevin’s truck became stuck, and officers approached while ordering him to show his hands.
- Stone deployed a taser; Kevin reportedly reached toward the center of the vehicle and yelled that he had a gun; several officers fired lethal shots.
- Kevin died; the video available does not capture all audible statements, but officers testified to Kevin’s threats and weapon-like behavior.
- Simmonds sued under §1983 alleging Fourth Amendment excessive force and failure to supervise/train; the district court granted summary judgment on qualified immunity for Comstock and Dirkse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether use of deadly force violated the Fourth Amendment | Simmonds argues discrepancies show constitutional violation. | Officers acted reasonably under totality of circumstances. | No constitutional violation; qualified immunity applies. |
| Whether the alleged factual discrepancies create a genuine issue of material fact | Discrepancies about weapon direction and door position negate reasonableness. | Discrepancies are immaterial to the force analysis. | Not a genuine issue; district court's ruling affirmed. |
| Whether the officers were entitled to qualified immunity on the first prong | Rights were clearly established and violated. | Totality of circumstances supported reasonable belief of threat. | Qualified immunity affirmed; no clearly established violation. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 () (objective reasonableness standard for excessive force)
- Tennessee v. Garner, 471 U.S. 1 () (probable cause to believe threat permits deadly force to prevent escape)
- Saucier v. Katz, 533 U.S. 194 () (two-prong qualified immunity analysis (prong one then prong two))
- Anderson v. Liberty Lobby, 477 U.S. 242 () (genuine issues of material fact require more than conclusory assertions)