Edward Godawa v. David Byrd
798 F.3d 457
| 6th Cir. | 2015Background
- Plaintiffs Edward and Tina Godawa, administrators of Michael Godawa’s estate, appeal a district court order granting Byrd summary judgment on federal and state claims related to §1983 excessive force.
- District court dismissed federal claims and a state loss of consortium claim with prejudice; other state-law claims dismissed without prejudice.
- Incident occurred around 1:00 a.m. on June 23, 2012, when Godawa was fatally shot while fleeing from Byrd.
- Evidence includes Byrd’s lapel video, Finish Line Bar surveillance, and Byrd’s deposition; Godawa had been drinking but cooperated with inquiries.
- Byrd, on bicycle patrol in Elsmere, Kentucky, attempted to stop Godawa after questioning him about an open beer and underage drinking; Godawa agreed to a field sobriety test.
- A contact occurred between Godawa’s car and Byrd’s position; Byrd shot through the rear passenger-side window as Godawa drove away, leading to Godawa’s death.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Byrd’s deadly force was objectively reasonable | Godawa posed no immediate threat; force was excessive | Force justified to prevent flight and imminent danger | Unreasonable; genuine dispute; district court reversed |
| Whether the right was clearly established | Cupp controls; clearly established right | Limited by Brosseau/Scott lineage of cases | Clearly established; not entitled to qualified immunity |
| Whether Scott/Plumhoff authorize this use of force | Distinguishable from high-speed chase cases | These cases support lethal force in fleeing driver scenarios | Not controlling; distinguishable; Cupp controls |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness standard for excessive force)
- Tennessee v. Garner, 471 U.S. 1 (1985) (deadly force when fleeing suspects pose threat)
- Scott v. Harris, 550 U.S. 372 (2007) (video contradicted plaintiff’s tale in excessive force case)
- Plumhoff v. Rickard, 134 S. Ct. 2012 (2014) (high-speed chase; deadly force in pursuit context)
- Brosseau v. Haugen, 543 U.S. 194 (2004) (qual immunity and danger in fleeing suspect cases; highly situational)
- Cupp v. City of Cincinnati, 430 F.3d 766 (2005) (controlling precedent on deadly force in similar fleeing-suspect context (Sixth Circuit))
- Brosseau v. City of Cincinnati, No. 04-1234 (2005) (cited for comparison re: clearly established rule specificity)