Estate of Timothy Gene Smith v. Scott Holslag
21-55073
| 9th Cir. | Apr 26, 2022Background
- Officer Scott Holslag (San Diego PD) appealed the district court’s denial of summary judgment based on qualified immunity after he fatally shot Timothy Smith.
- The parties dispute critical facts: the non-moving party’s version (viewed favorably) is that Smith was standing on an elevated ledge with his hands visible when shot; the officers contend Smith reached toward his waistband/pockets just before the shooting.
- Available video evidence is inconclusive about Smith’s actions in the moments immediately before and during the first shot; it does not clearly contradict the non-moving party’s account.
- The district court denied summary judgment; the Ninth Circuit reviewed that denial de novo and applied the usual summary judgment standards (viewing facts and inferences for the non-moving party).
- The panel held the qualified immunity question turns on a single factual issue for the jury: whether Holslag reasonably perceived Smith reaching for his waist/pockets; that factual dispute precludes resolving qualified immunity at summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Holslag is entitled to qualified immunity for the shooting | Smith was unarmed, standing still with hands visible; deadly force was unreasonable | Holslag reasonably perceived Smith reaching for waistband/pockets, posing imminent threat | Denied at summary judgment; dispute of material fact (jury must decide) |
| Whether video evidence resolves the factual dispute | Video does not clearly show Smith reaching; supports Smith’s account | Officer asks court to decide based on video that contradicts plaintiff | Video is inconclusive; Scott v. Harris inapplicable because video does not clearly contradict non-moving party |
| Proper standard of review on qualified immunity at summary judgment | Apply de novo review, view evidence for non-moving party | Same, but defendant contends facts are undisputed by video | De novo review; because material fact disputed, summary judgment inappropriate |
Key Cases Cited
- Carrillo v. Cnty. of Los Angeles, 798 F.3d 1210 (9th Cir. 2015) (de novo review of denial of qualified immunity at summary judgment)
- Scott v. Harris, 550 U.S. 372 (2007) (video can eliminate genuine disputes when it clearly contradicts plaintiff)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment burden rules)
- Harris v. Roderick, 126 F.3d 1189 (9th Cir. 1997) (deadly force unreasonable where suspect unarmed and nondangerous)
- Cruz v. City of Anaheim, 765 F.3d 1076 (9th Cir. 2014) (qualified immunity may turn on a single factual perception question)
- Torres v. City of Madera, 648 F.3d 1119 (9th Cir. 2011) (clearly established rule forbidding shooting unarmed, nondangerous suspects)
- Tennessee v. Garner, 471 U.S. 1 (1985) (use of deadly force to seize fleeing unarmed suspect violates Fourth Amendment absent probable cause of threat)
- Est. of Lopez v. Gelhaus, 871 F.3d 998 (9th Cir. 2017) (deadly force and clearly established law analysis)
- Longoria v. Pinal Cnty., 873 F.3d 699 (9th Cir. 2017) (qualified immunity turns on whether officer reasonably perceived a threatening "shooter’s stance")