134 F.4th 1119
10th Cir.2025Background
- Officer Fox shot and killed Mr. Harmon after a traffic stop attempt led to Harmon fleeing on foot; Harmon was sought due to a felony warrant.
- Officers reported seeing Harmon reach toward his waist or pocket and hearing him mention cutting or stabbing, though video did not capture threats.
- Officer Fox claimed he saw Harmon holding a knife; another responding officer did not observe a knife, and neither did the body camera footage.
- After the shooting, a knife was found near Harmon, but DNA results on the knife were inconclusive.
- Mr. Harmon's estate and children sued for excessive force; district court granted summary judgment to the officers and city, which was appealed.
- The appellate court reviewed the grant of qualified immunity de novo, viewing evidence in the light most favorable to the plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was use of deadly force reasonable under the Fourth Amendment? | Harmon did not pose an immediate threat; no hostile movements with a knife shown on video. | Harmon brandished a knife, threatened officers, and posed an imminent threat. | Fact dispute exists; jury could find deadly force was not reasonable. |
| Did Officer Fox have qualified immunity? | Qualified immunity should be denied because clearly established law prohibits shooting unless there is an immediate threat. | Officer reasonably believed Harmon posed an immediate threat based on circumstances. | Qualified immunity denied; right clearly established under precedent. |
| Did the officers provide an adequate warning before using deadly force? | No warning to drop weapon was given; officers had enough time during foot pursuit. | Situation too rapid and dangerous to provide warning. | Reasonable jury could find enough time existed to warn; factor favors plaintiffs. |
| Is city liable under Monell if constitutional violation found? | City can be liable for underlying constitutional violation by its officers. | City cannot be liable absent underlying officer violation. | City liability must be reconsidered given the possibility of a constitutional violation. |
Key Cases Cited
- Tennessee v. Garner, 471 U.S. 1 (standard for lethal force under Fourth Amendment)
- Graham v. Connor, 490 U.S. 386 (sets out excessive force reasonableness factors)
- Scott v. Harris, 550 U.S. 372 (video evidence in summary judgment review)
- Mullenix v. Luna, 577 U.S. 7 (qualified immunity standard defined)
- Zuchel v. City and County of Denver, 997 F.2d 730 (deadly force, clear establishment of rights)
- Walker v. City of Orem, 451 F.3d 1139 (unreasonable deadly force when suspect not menacing)
- Arnold v. City of Olathe, 35 F.4th 778 (emphasizes immediacy of threat as most important force factor)