Ellison Ex Rel. Estate of Ellison v. Lesher
2015 U.S. App. LEXIS 13714
| 8th Cir. | 2015Background
- On December 9, 2010, off-duty Little Rock officers Donna Lesher and Tabitha McCrillis patrolled an apartment complex and observed Eugene Ellison sitting in his open-door apartment. Ellison told them to leave him alone.
- McCrillis entered to keep Ellison from closing the door; Lesher followed. Ellison stood, a shove by McCrillis and a “push back” by Ellison led to a physical altercation in which officers struck Ellison and knocked off his glasses.
- Backup officers arrived after the altercation had ended; officers ordered Ellison to lie down and he refused. Lesher announced she was going to shoot when Ellison was (allegedly) getting his cane and then fired two shots, killing him. The district court found it unclear whether Ellison was holding the cane when shot.
- Troy Ellison (personal representative) sued under 42 U.S.C. § 1983 alleging (Count I) unlawful warrantless entry and (Count II) excessive force (deadly and non‑lethal).
- The district court denied qualified‑immunity summary judgment; the officers appealed only the legal question whether, under the facts the district court assumed, qualified immunity applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unlawful warrantless entry | Entry occurred after Ellison said leave him alone; no consent or exigency | Officers contend community‑caretaker/emergency‑aid justified entry | Denied immunity: under assumed facts entry was not justified; right clearly established |
| Deadly force (shooting) | Lesher shot a 67‑year‑old inside his home who posed no immediate deadly threat | Lesher says Ellison resisted, charged while swinging a cane; deadly force reasonable | Denied immunity as to deadly force: if Ellison was unarmed, deadly force unreasonable and right clearly established |
| Non‑lethal force (strikes during scuffle) | Officers repeatedly struck Ellison after he pushed back | Officers argue they acted to protect themselves during an attack | Grant immunity: injuries were de minimis; not clearly established that such minor force violated Fourth Amendment |
Key Cases Cited
- Mitchell v. Forsyth, 472 U.S. 511 (legal limits of interlocutory qualified‑immunity review)
- Johnson v. Jones, 515 U.S. 304 (scope of interlocutory review of facts in qualified‑immunity appeals)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- Anderson v. Creighton, 483 U.S. 635 (clearly established law requirement)
- Hope v. Pelzer, 536 U.S. 730 (fair‑warning principle for qualified immunity)
- Tolan v. Cotton, 134 S. Ct. 1861 (crediting district‑court assumed facts on qualified immunity review)
- Taylor v. Barkes, 135 S. Ct. 2042 (scope of protection for reasonable officers)
- Payton v. New York, 445 U.S. 573 (warrant required for home entry absent exception)
- Steagald v. United States, 451 U.S. 204 (home‑entry protections)
- Ryburn v. Huff, 132 S. Ct. 987 (emergency‑aid/community caretaking principle)
- Mincey v. Arizona, 437 U.S. 385 (emergency search doctrine)
- Quezada, 448 F.3d 1005 (reasonableness for warrantless entry where emergency exists)
- Graham v. Connor, 490 U.S. 386 (objective‑reasonableness standard for force)
- Tennessee v. Garner, 471 U.S. 1 (deadly‑force limitation: significant threat required)
- Craighead v. Lee, 399 F.3d 954 (officers on notice re: deadly‑force limits)
- Loch v. City of Litchfield, 689 F.3d 961 (probable cause standard for deadly force)
- Nance v. Sammis, 586 F.3d 604 (deadly force and clearly established law)
- Chambers v. Pennycook, 641 F.3d 898 (minor injuries may be de minimis)
- Ziesmer v. Hagen, 785 F.3d 1233 (characterizing minor injuries as de minimis)
- Wertish v. Kreuger, 433 F.3d 1062 (same)