118 F.4th 671
5th Cir.2024Background
- At around 3:00 a.m. on July 10, 2018, Louisiana State Trooper Kasha Domingue stopped a four-door SUV; after the stop, the driver and another passenger fled, and plaintiff Clifton Scott Dilley exited the rear driver's side seat.
- Trooper Domingue shot Dilley in the back as he exited and was running away, paralyzing him from the waist down.
- Video evidence available from a nearby security camera (with no audio) contradicted elements of Domingue’s account, showing she was not in a defensive posture and Dilley was running away when shot.
- Domingue failed to turn on her body camera; she claimed initially to have deployed a Taser, but later admitted to shooting Dilley, and her explanations changed multiple times during the investigation.
- Domingue was terminated by the Louisiana Department of Public Safety for policy violations and lying about the shooting, and she pled guilty to criminal charges related to the incident.
- Dilley filed a § 1983 suit for excessive force; the district court denied Domingue’s summary judgment motion for qualified immunity, and she appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity for use of deadly force | Dilley was unarmed, not an immediate threat, and shot while fleeing | Domingue believed Dilley posed a threat and possibly held a black object; claimed her actions were defensive | Denied qualified immunity due to material fact disputes and clear law barring shooting a non-threatening, fleeing person |
Key Cases Cited
- Tennessee v. Garner, 471 U.S. 1 (1985) (use of deadly force against a fleeing suspect is unreasonable unless the suspect poses an immediate threat of serious harm)
- Scott v. Harris, 550 U.S. 372 (2007) (appellate courts may consider video evidence on summary judgment in excessive force cases)
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness of use of force analyzed from the perspective of a reasonable officer on the scene)
- Lytle v. Bexar Cnty., 560 F.3d 404 (5th Cir. 2009) (excessive force established where officer shoots non-threatening person under less egregious circumstances)