Earl Thomas v. City of San Antonio, Texas, 595 F. App'x 378

Baldwin, with ATF information about Brian McGriff, obtained a search warrant to search McGriff's apartment in San Antonio on Feb. 4, 2010.
Police entered with guns drawn, identified themselves as officers, and ordered inhabitants to get on the ground; Miller complied, Thomas did not immediately comply.
Thomas rose with a clenched left hand and moved toward the right; Baldwin shot him once, after which Thomas fled out a window and died from a gunshot to the left lateral abdomen.
A knife was later found in the room near the bedroom door; Thomas’s autopsy showed the bullet path as slightly back to front, left to right, and upward.
Appellants filed a Second Amended Complaint under §1983 alleging excessive force and state-law assault; the district court granted Baldwin summary judgment based on qualified immunity.
The Fifth Circuit AFFIRMS, holding Baldwin’s use of deadly force was objectively reasonable under the circumstances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Baldwin violated the Fourth Amendment	Thomas's excessive-force claim rests on unreasonable shooting.	Baldwin's actions were reasonable to counter an immediate threat.	No genuine dispute; qualified immunity applies.
Whether Baldwin's use of deadly force was objectively reasonable given the circumstances	Thomas posed no immediate lethal threat when shot.	Thomas reached for something and presented a threat; shooting was reasonable.	Objectively reasonable under Graham/Manis framework.
Whether Thomas was fleeing or posed an immediate threat at the time of shooting	Thomas was fleeing and not posing an immediate danger.	Autopsy and on-scene accounts show threat; flight does not negate risk.	No material dispute; threat existed at the moment of shooting.
Whether the other witnesses' affidavits create a genuine issue of material fact	Baldwin is the only full account; others contradict him.	Corroborating affidavits from officers and a witness support Baldwin's account.	Affidavits corroborate officer's account; no genuine factual dispute.

Manis v. Lawson, 585 F.3d 839 (5th Cir. 2009) (deadly force reasonable when suspect reaches for weapon or presents imminent threat)
Reese v. Anderson, 926 F.2d 494 (5th Cir. 1991) (reasonableness when suspect moves hands out of sight while defying orders)
Ontiveros v. City of Rosenberg, 564 F.3d 379 (5th Cir. 2009) (defiant suspect reaching for weapon supports deadly-force reasonableness)
Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness standard for police use of force under Fourth Amendment)
Lytle v. Bexar Cnty., 560 F.3d 404 (5th Cir. 2009) (fleeing felon rule; fleeing alone does not justify excessive force)
Baker v. Putnal, 75 F.3d 190 (5th Cir. 1996) (fact disputes about threat level can preclude summary judgment in some cases)
Poole v. City of Shreveport, 691 F.3d 624 (5th Cir. 2012) (two-step qualified-immunity analysis in excessive-force cases)
Pearson v. Callahan, 555 U.S. 223 (2009) (modifies Saucier to permit analysis in either order)
Saucier v. Katz, 533 U.S. 194 (2001) (dual-prong framework for qualified immunity)
Harlow v. Fitzgerald, 457 U.S. 800 (1982) (establishes qualified immunity standard for government officials)