Estate of David E. Morgan, Jr. v. John Cook
2012 U.S. App. LEXIS 14021
| 8th Cir. | 2012Background
- Officers Cook and Comfort responded to a domestic disturbance at Morgan’s residence; Cook arrived first and approached on foot.
- Morgan appeared intoxicated; Cook observed Morgan attempting to conceal a knife and drew his weapon.
- Cook ordered Morgan to drop the knife; Morgan stood up and moved toward Cook with the knife in hand.
- The distance between Cook and Morgan was 12 feet at most; Morgan failed to comply with commands to drop the knife.
- Cook fired a single shot, hitting Morgan in the chest; Morgan died as a result.
- The Estate sued under 42 U.S.C. § 1983 for excessive force; the district court granted summary judgment in Cook’s favor on qualified immunity grounds, a ruling this court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cook had probable cause that Morgan posed an immediate threat | Estate argues no immediate threat since Morgan lifted a foot, not lunging. | Cook contends Morgan’s knife, proximity, and movement toward Cook created an imminent threat. | Yes; Court held probable cause existed that Morgan posed a threat. |
| Whether the use of deadly force was objectively reasonable given alternatives | Estate asserts non-lethal options and warnings were available. | Cook acted reasonably; warnings and alternatives are not strictly required if objectively reasonable. | Yes; Court held the use of deadly force was objectively reasonable under the circumstances. |
Key Cases Cited
- Moore v. Indehar, 514 F.3d 756 (8th Cir. 2008) (two-step qualified immunity inquiry)
- Brown v. City of Golden Valley, 574 F.3d 491 (8th Cir. 2009) (elements of qualified immunity)
- Nance v. Sammis, 586 F.3d 604 (8th Cir. 2009) (objective reasonableness review)
- Cole v. Bone, 993 F.2d 1328 (8th Cir. 1993) (probable reasonableness of force; warning requirement)
- Gardner v. Buerger, 82 F.3d 248 (8th Cir. 1996) (not hindsight standard)
- Tennessee v. Garner, 471 U.S. 1 (U.S. 1985) (deadly force warning principle)
- Hayek v. City of St. Paul, 488 F.3d 1049 (8th Cir. 2007) (intoxication does not negate threat)