Glenn v. Washington County, 661 F.3d 460

Background

Lukus Glenn, an 18-year-old, was shot and killed by Washington County police after a 911 call about an emotionally distraught, intoxicated teenager.
Hope Glenn called 911 because Lukus was threatening self-harm with a pocketknife and damaging property; Lukus did not have a history of violence.
Police arrived within minutes; Lukus was holding a pocketknife to his neck but not attacking anyone; initial responders used a beanbag shotgun followed by lethal firearm rounds.
The district court granted summary judgment for defendants, finding no constitutional violation; Hope Glenn filed a §1983 claim for excessive force and state wrongful death claim.
The Ninth Circuit reversed, remanding for trial on excessive force, and ordered consideration of related Monell and state-law claims in light of factual disputes.
Authorities testified Lukus was intoxicated and emotionally disturbed; Lukus did not threaten others, and there was no evidence Lukus posed an immediate threat to bystanders at the moment deadly force was used.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether beanbag shotgun use violated the Fourth Amendment	Glenn argues force was excessive given Lukus posed little immediate threat.	Officers acted within Graham factors to prevent harm to Lukus and others.	Genuine issues of material fact preclude summary judgment; case remanded
Whether escalation to deadly force was reasonable after beanbag	Beanbag provoked movement leading to deadly force; excessive given lack of imminent threat.	Deadly force justified by Lukus moving toward a perceived threat to family.	Material facts disputed; summary judgment improper; remand
Whether Lukus' emotional disturbance and limited opportunity to hear warnings affected reasonableness	The officers should have considered distress and alternative tactics; warnings may have been ineffective.	Warnings given; emotional disturbance weighed as diminishing the government's interest.	Questions of fact remain; cannot resolve on summary judgment
Whether less intrusive alternatives (tasers, dialogue) were available and should have been used	Taser or time for dialogue could have prevented harm.	Not required to use the least intrusive means, but alternatives are relevant to reasonableness.	Evidence suggests availability of alternatives; factual disputes remain
Whether Monell and state-law claims survive after reversal on § 1983 claim	Monell and state-law claims should proceed; district court erred by dismissing them.	If § 1983 claim is resolved in defendants' favor, Monell and state-law defenses may apply.	Remanded for district court to determine these claims consistent with this opinion

Key Cases Cited

Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness balancing test for excessive force)
Deorle v. Rutherford, 272 F.3d 1272 (9th Cir. 2001) (emotional disturbance and less-lethal force; context-specific inquiry)
Blanford v. Sacramento Cnty., 406 F.3d 1110 (9th Cir. 2005) (context-specific analysis for armed suspects)
Long v. City & County of Honolulu, 511 F.3d 901 (9th Cir. 2007) (armed suspect cases require context-specific analysis)
Scott v. Henrich, 39 F.3d 912 (9th Cir. 1994) (armed suspect and resistance considerations in use of force)
Bryan v. MacPherson, 630 F.3d 805 (9th Cir. 2010) (additional Graham factors; less intrusive alternatives)
Espinosa v. City & Cnty. of S.F., 598 F.3d 528 (9th Cir. 2010) (factors for determining reasonableness; credibility and disputed facts)
Billington v. Smith, 292 F.3d 1179 (9th Cir. 2002) (provocation and liability for deadly force following excessive force)
Smith v. City of Hemet, 394 F.3d 689 (9th Cir. 2005) (credibility and retrospective reasoning in excessive force cases)
Davis v. City of Las Vegas, 478 F.3d 1048 (9th Cir. 2007) (crimes and severity not always controlling Graham factors)
Headwaters Forest Def. v. Cnty. of Humboldt, 240 F.3d 1185 (9th Cir. 2000) (reasonableness and alternatives in force application)