Donnett M. Taffe v. Gerald E. Wengert
18-10776
| 11th Cir. | May 17, 2019Background
- In June 2014 deputies tracked a stolen cellphone to an apartment complex and encountered Steven Thompson, a 26‑year‑old Black male approximately 5'8", 210 lbs., wearing dark clothing and black/orange sneakers near the GPS location of the phone. Officers ordered Thompson to stop; he fled into a hallway and deputies chased him.
- Deputy Gerald Wengert testified Thompson pointed a firearm at him and fired one or two shots first; audio corroborates an initial shot(s), a radio call of “shots fired,” an order to “put the gun down,” then a barrage of gunfire. Wengert fired 25 rounds; eight struck Thompson from behind and one while he was on the ground. Thompson later died.
- A Diamondback Luger recovered from the hallway tested positive for Thompson’s DNA; investigators placed the gun 51 feet from where Thompson’s body came to rest. Multiple officers (including non‑Broward officers) testified they saw a gun next to or near Thompson immediately after the shooting.
- Plaintiff Donnett Taffe (Thompson’s personal representative) sued Wengert (state assault/battery and §1983 excessive force) and Sheriff Scott Israel (negligent hiring/training/supervision in individual and official capacities). The district court denied qualified immunity and summary judgment, citing disputed facts; defendants appealed.
- The Eleventh Circuit conducted de novo review of the record, declined to adopt the district court’s factual findings as adequate, and concluded no reasonable jury could accept Taffe’s contested version of events (unarmed victim, no initial shot, planted gun). The court reversed and granted summary judgment and qualified immunity to Wengert, Israel, and the Sheriff’s Office on all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had probable cause/arguable probable cause to arrest Thompson | Thompson did not match robbery suspect and was not involved; no probable cause | Thompson matched description (race, height/weight, clothing, proximity to stolen phone); reasonable officer could believe probable cause existed | Arguable probable cause existed; summary judgment for defendants |
| Whether Wengert used excessive, unconstitutional deadly force (Fourth Amendment) | Thompson was unarmed, did not fire first shot, and gun was planted after shooting | Thompson fired initial shots; audio and multiple officer statements support an imminent threat; force was reasonable | No constitutional violation; qualified immunity and summary judgment for Wengert |
| Whether gun was planted after the shooting (supports fabrication theory) | Evidence and timing show deputies could have planted gun and casing; EMS delayed to allow planting | Multiple independent officers saw gun near Thompson immediately; DNA on gun; EMS records show prompt treatment; planting theory speculative | Planting allegation is speculative and contradicted by record; no genuine dispute of material fact |
| Municipal/supervisory liability for negligent hiring/training/retention under §1983 and state law | Sheriff Israel negligently hired/supervised Wengert, causing the constitutional violation and death | No underlying constitutional violation occurred; negligent hiring/retention fails because no willful tort proven | Because no constitutional violation, supervisory and municipal claims fail; negligent hiring/retention fails as a matter of law |
Key Cases Cited
- Scott v. Harris, 550 U.S. 372 (use of video/audio evidence to resolve disputed versions of events on summary judgment)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- Tennessee v. Garner, 471 U.S. 1 (deadly force as a Fourth Amendment seizure; permissible when officer reasonably perceives imminent threat)
- District of Columbia v. Wesby, 138 S. Ct. 577 (probable cause assessed from totality of circumstances)
- Illinois v. Gates, 462 U.S. 213 (probable cause totality‑of‑circumstances test)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard; plaintiff must produce evidence creating genuine dispute)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (no genuine issue where record could not lead a rational trier of fact to find for nonmoving party)
- Maddox v. Stephens, 727 F.3d 1109 (qualified immunity burden shifting and framework)