899 F.3d 598
8th Cir.2018Background
- Officer Carl Storm, on patrol in Bourbon, MO, pursued Gary Wenzel for improper tags; the pursuit lasted ~10–11 minutes and was captured on in-car video (audio off). Wenzel drove recklessly and was classified by dispatch as “J3” (violent, aggressive toward officers).
- Wenzel’s vehicle stopped in a ditch; he exited and quickly advanced toward Storm, arms swinging and not complying with commands; Storm fired three shots about three seconds after Wenzel left his vehicle. Wenzel was unarmed.
- Storm knew Wenzel from prior encounters, including reports he was dangerous and had been violent toward officers; Storm had been warned by family and other officers about Wenzel’s propensity for violence.
- District court denied Storm’s summary-judgment motion for qualified immunity, citing disputed factual issues about how Wenzel moved and whether his hands were visible, and suggested that visibility of hands is an important factor in excessive-force cases.
- Eighth Circuit accepted for review (interlocutory appeal) and assumed, for purposes of review, that Storm could see Wenzel’s hands and that they were empty, then addressed whether Storm’s conduct violated clearly established law.
- The Court concluded that under the circumstances — rapid approach, prior knowledge of Wenzel’s violent reputation, hazardous driving, and only ~3 seconds to react — Storm reasonably believed Wenzel posed an immediate threat and was entitled to qualified immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Storm’s use of deadly force violated the Fourth Amendment | Wenzel was unarmed and his hands were visible; shooting him was excessive and unlawful | Storm reasonably feared imminent serious harm given Wenzel’s rapid, aggressive approach and known violent history | Held for Storm: use of deadly force was objectively reasonable under the circumstances; no constitutional violation for qualified-immunity purposes |
| Whether the right was clearly established at the time | Plaintiffs: visibility of empty hands made the unlawfulness obvious | Storm: split-second decision in tense circumstances; existing law permits deadly force if officer reasonably perceives immediate threat | Held for Storm: even assuming hands visible and empty, law was not so clearly established that a reasonable officer would have known force was unlawful; qualified immunity applies |
| Whether appeal was jurisdictionally reviewable (motion to dismiss appeal) | Plaintiffs: appeal improper because district denial rested on disputed facts | Storm: collateral-order doctrine permits interlocutory appeal on qualified immunity legal question | Held for Storm: appealable; court proceeds by assuming facts plaintiff alleges that are not blatantly contradicted by record |
| Whether non-lethal options (baton/pepper spray) made shooting unreasonable | Plaintiffs: Storm could have used less-lethal tools instead of shooting | Storm: no obligation to choose less-lethal means during a split-second life-threatening encounter | Held for Storm: officer not required to attempt alternative measures before using deadly force in rapidly evolving threat scenario |
Key Cases Cited
- Mitchell v. Forsyth, 472 U.S. 511 (defines interlocutory appealability of qualified-immunity denials)
- Scott v. Harris, 550 U.S. 372 (facts blatantly contradicted by record not accepted on appeal; video evidence may resolve factual disputes)
- Pearson v. Callahan, 555 U.S. 223 (qualified immunity two-step; courts may address order of prongs)
- Harlow v. Fitzgerald, 457 U.S. 800 (standard for qualified immunity)
- Graham v. Connor, 490 U.S. 386 (Fourth Amendment reasonableness standard for use of force)
- Tennessee v. Garner, 471 U.S. 1 (deadly force permissible when officer has probable cause to believe suspect poses serious threat)
- Brosseau v. Haugen, 543 U.S. 194 (qualified immunity in excessive-force context)
- Loch v. City of Litchfield, 689 F.3d 961 (Eighth Circuit: deadly force reasonable if officer reasonably perceives threat)
- Billingsley v. City of Omaha, 277 F.3d 990 (officer may employ deadly force even if suspect later found unarmed)
- Thompson v. Murray, 800 F.3d 979 (standard for accepting facts on qualified-immunity review)