Denk v. Miller
23-2675
9th Cir.Mar 17, 2025Background
- Samuel Denk sued Sergeant Matthew Miller under 42 U.S.C. § 1983, alleging Miller used excessive force by shooting him during a traffic stop in violation of the Fourth Amendment.
- The incident was recorded on Miller’s body camera, which captured Miller instructing Denk not to reach for a gun in his lap and to keep his hands on the steering wheel.
- Denk verbally agreed but moved his right hand closer to the gun before raising his hands toward the steering wheel, at which point Miller shot him.
- Miller moved for summary judgment on the basis of qualified immunity; the district court denied the motion, finding a factual dispute as to Denk's hand movements.
- Miller appealed the denial, arguing the body camera footage blatantly contradicted Denk’s version of the facts.
- The appellate court had jurisdiction under 28 U.S.C. § 1291 and the collateral order doctrine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was improperly denied due | Pretrial evidence created factual dispute; | Body camera footage shows Denk reached toward | Video evidence contradicts Denk's |
| to factual disputes regarding Denk's hand movement | Denk did not reach for his gun. | the gun, not the steering wheel. | version; court views facts as depicted. |
| Whether Miller is entitled to qualified immunity | Case law clearly established the actions | Use of deadly force when suspect reaches for | Existing precedent does not clearly |
| given the circumstances and existing case law | violated the Fourth Amendment. | a gun is constitutional; no clearly established | govern; qualified immunity applies. |
| law forbade his conduct. |
Key Cases Cited
- Scott v. Harris, 550 U.S. 372 (2007) (video evidence controls if it blatantly contradicts party's version)
- Kisela v. Hughes, 584 U.S. 100 (2018) (qualified immunity unless precedent squarely governs facts)
- Tennessee v. Garner, 471 U.S. 1 (1985) (deadly force permissible if officer has probable cause suspect poses threat)
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness of force judged from perspective of officer at the scene)
- Brosseau v. Haugen, 543 U.S. 194 (2004) (clarity of existing law needed for qualified immunity)
- Cruz v. City of Anaheim, 765 F.3d 1076 (9th Cir. 2014) (use of force must be judged by what a reasonable officer would perceive)