25 F.4th 227
4th Cir.2022Background
- Trooper Cory Elliott shot and killed Spencer Crumbley after a foot chase on rural property; Elliott fired five shots and Crumbley died from a wound to his back; no weapon was found.
- Prior to the encounter, family members called 911 reporting Crumbley was armed, threatening, erratic, and had a history of violent threats; Crumbley had displayed threatening conduct (including swinging a shovel).
- Elliott lost sight of Crumbley briefly during the chase, then says he saw Crumbley bent near a couch, turn toward him and begin to raise his hands, whereupon Elliott fired believing Crumbley might have a gun.
- Autopsy showed wounds: a bullet through the back/shoulder blade and a bullet through the back of the right hand; several shots were not recovered.
- Stanton (Crumbley’s son) sued under 42 U.S.C. § 1983 (excessive force), state constitutional claim, battery, and negligence; the district court granted summary judgment for the troopers.
- The Fourth Circuit reversed in part (qualified immunity reversed as to Elliott), affirmed in part (Cornelius), and remanded, holding a genuine factual dispute exists that precludes summary judgment on excessive-force/§ 1983 and that state wrongful-death claims were pleaded sufficiently to proceed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity — excessive force (Fourth Amendment) | Shot-in-back and other physical/inconsistent evidence create a factual dispute that Crumbley was fleeing/unarmed; shooting violated clearly established law | Elliott reasonably believed deadly force was necessary given threats, erratic behavior, shovel attack, and abrupt hand movement; therefore qualified immunity applies | Reversed district court as to Elliott: genuine dispute of material fact exists, so summary judgment on qualified immunity inappropriate; remanded |
| Bystander liability (Trooper Cornelius) | Cornelius was present and failed to intervene | Cornelius slipped, was out of sight and could not stop the shooting; plaintiff withdrew claim at argument | Affirmed dismissal of Cornelius (claim withdrawn) |
| Sufficiency of state wrongful-death pleading | Complaint adequately put defendants on notice of Wrongful Death Act claims | District court said pleading was imprecise under West Virginia law | District court erred; state-law claims survive and are remanded for further proceedings |
| Use of hearsay/unidentified witness (“Lou”) | Stanton asserted a family friend saw Elliott shoot Crumbley in the back | Such out-of-court, unidentified hearsay is inadmissible and cannot create a genuine factual dispute on summary judgment | Hearsay inadmissible for opposing summary judgment; cannot create triable issue |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness standard for excessive-force claims)
- Tennessee v. Garner, 471 U.S. 1 (1985) (deadly-force standard against fleeing suspects)
- Pearson v. Callahan, 555 U.S. 223 (2009) (qualified immunity two-step inquiry)
- Waterman v. Batton, 393 F.3d 471 (4th Cir. 2005) (probable-cause/threat analysis at moment deadly force used)
- Elliott v. Leavitt, 99 F.3d 640 (4th Cir. 1996) (focus on split-second decisions at moment force used)
- Henry v. Purnell, 652 F.3d 524 (4th Cir. 2011) (en banc) (burden-allocation discussion in qualified-immunity context)
- Scott v. Harris, 550 U.S. 372 (2007) (courts may accept video evidence over contradicting story in some contexts)
- Tolan v. Cotton, 572 U.S. 650 (2014) (emphasizing need to view facts in light most favorable to nonmovant at summary judgment)
- Ingle ex rel. Est. of Ingle v. Yelton, 439 F.3d 191 (4th Cir. 2006) (caution against accepting self-serving officer testimony where physical evidence may contradict it)