George Cooper, Sr. v. James Sheehan
2013 U.S. App. LEXIS 22616
| 4th Cir. | 2013Background
- In May 2007, Brunswick County deputies shot Cooper Sr. on his mobile home's back porch while investigating a reported disturbance.
- Cooper stepped onto the porch with a shotgun pointed toward the ground; he did not threaten or move toward the officers.
- The officers approached without activating lights or sirens and did not identify themselves as law enforcement.
- Cooper retrieved a shotgun by the door; shots were fired within seconds after the encounter, injuring Cooper and stopping the incident.
- The district court denied some immunity defenses and allowed Cooper’s § 1983 and state-law claims to go to trial; it relied on Pena v. Porter to assess liability.
- The Officers appealed under the collateral order doctrine, challenging the denial of qualified immunity and public officers’ immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Officers are entitled to qualified immunity for Cooper’s §1983 excessive force claim. | Cooper's account shows no threat; Pena-like reasoning applies. | Existing precedent supports use of deadly force when a suspect wields a firearm. | No; immunity denied; claim survives. |
| Whether public officers’ immunity shields the Officers from Cooper's state-law claims. | State-law immunity should not bar claims where force was unreasonable. | Public officers’ immunity bars such claims absent malice. | No; immunity denied; state-law claims proceed. |
| Whether the appellate court has jurisdiction to review via collateral order doctrine. | Collateral order review is proper for immunity denials. | Collateral order review is limited to immunity denials and evidence sufficiency. | Jurisdiction acknowledged; merits reviewed. |
Key Cases Cited
- Mitchell v. Forsyth, 472 U.S. 511 (U.S. 1985) (qualified immunity as immunity from suit)
- Hope v. Pelzer, 536 U.S. 730 (U.S. 2002) (clearly established law standard)
- Tennessee v. Garner, 471 U.S. 1 (U.S. 1985) (deadly force appropriate to threated safety)
- Anderson v. Russell, 247 F.3d 125 (4th Cir. 2001) (armed misperception not always justification for deadly force)
- Clem v. Corbeau, 284 F.3d 543 (4th Cir. 2002) (objective reasonableness standard for excessive force)
- Waterman v. Batton, 393 F.3d 471 (4th Cir. 2005) (excessive force seizure analysis)
- Winfield v. Bass, 106 F.3d 525 (4th Cir. 1997) (collateral order jurisdiction framework)
- Bailey v. Kennedy, 349 F.3d 731 (4th Cir. 2003) (state officers’ immunity principles in NC context)
- Johnson v. Jones, 515 U.S. 304 (U.S. 1995) (scope of review for qualified immunity questions)
- Elliot v. Leavitt, 99 F.3d 640 (4th Cir. 1996) (police encounter expectations regarding announcing presence)