Jean-Baptiste v. Gutierrez
2010 U.S. App. LEXIS 24870
| 11th Cir. | 2010Background
- Officer Gutierrez pursued two armed burglary/robbery suspects in a red Dodge Neon and encountered Jean-Baptiste fleeing on foot.
- Jean-Baptiste and accomplice were wearing black clothing; Jean-Baptiste was observed with an object believed to be a gun.
- Gutierrez chased them behind a house; Jean-Baptiste jumped a fence and was seen holding a gun eight to ten feet away.
- Gutierrez fired a volley of 14 bullets, eight hitting Jean-Baptiste; Jean-Baptiste was wounded and incapacitated on the ground.
- Forensic evidence showed a gun near Jean-Baptiste; the safety lock was disengaged and the magazine contained 12 rounds.
- Jean-Baptiste sued Gutierrez for excessive force; Gutierrez moved for summary judgment based on qualified immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether qualified immunity shields Gutierrez | Jean-Baptiste argues excessive force after initial impact. | Gutierrez contends reasonable belief of danger justified deadly force. | Gutierrez entitled to qualified immunity |
| Reasonableness of continued fire after initial shot | Shooting persisted after Jean-Baptiste incapacitated and weapon not controlled. | Officer could continue until suspect disarmed due to danger. | Reasonable under objective standard |
| Immediate danger and need for force at moment of encounter | Jean-Baptiste did not pose ongoing threat once incapacitated. | Suspect armed and lying in wait; imminent threat required action. | Immediate danger supported use of force |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness under Fourth Amendment in split-second judgments)
- Tennessee v. Garner, 471 U.S. 1 (1985) (use of force balancing governmental interests vs. individual rights)
- Crenshaw v. Lister, 556 F.3d 1283 (11th Cir. 2009) (continued force until suspect secured when armed)
- Scott v. Harris, 550 U.S. 372 (2007) (perspective of on-scene officer; evidence viewed in light of probable justification)
- Garczynski v. Bradshaw, 573 F.3d 1158 (11th Cir. 2009) (objective reasonableness standard for qualified immunity)
- Montoute v. Carr, 114 F.3d 181 (11th Cir. 1997) (probable cause standard for shooting not required to be perfect)
- Penley v. Eslinger, 605 F.3d 843 (11th Cir. 2010) (summary-judgment standard in qualified-immunity context)
- Post v. City of Fort Lauderdale, 7 F.3d 1552 (11th Cir. 1993) (qualified-immunity inquiry focuses on objective reasonableness)