Julian Betton v. David Belue, 942 F.3d 184

A multi-jurisdictional drug enforcement unit executed a warrant at Julian Betton’s Myrtle Beach duplex using unmarked cars, plain clothes, body armor, and a battering ram; officers did not knock or verbally announce themselves before forcible entry.
Video and witness evidence contradicted officers’ initial claims that they announced their presence; a former DEU agent stated the unit frequently entered without knock-and-announce.
Betton, in the rear of the residence, heard the break-in, retrieved a .45 pistol from his waistband and held it down at his hip (he did not fire).
Three officers, including Officer David Belue, fired a total of 29 rounds; Betton was struck nine times, rendered permanently paralyzed.
Officer Belue initially reported Betton fired first; later acknowledged Betton had not discharged his weapon and asserted Betton pointed it at officers.
Betton sued under 42 U.S.C. § 1983 for unlawful entry and excessive force; the district court denied Belue qualified immunity on both claims (Belue appeals only the excessive-force denial).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Officer Belue is entitled to qualified immunity for use of deadly force (excessive-force claim)	Betton: He held the gun down at his hip, was not warned or commanded, and did not pose an immediate deadly threat; unannounced entry meant he reasonably perceived unknown intruders.	Belue: Betton drew/pointed his pistol and thus posed an immediate deadly threat at the instant shots were fired; announcement history is irrelevant to the force decision.	Denied: viewing evidence in Betton’s favor, material disputes exist; a reasonable jury could find no immediate threat. Cooper controls; right was clearly established, so qualified immunity denied.

Cooper v. Sheehan, 735 F.3d 153 (4th Cir. 2013) (holding that merely holding a firearm at one’s side on property did not, without more, justify deadly force where officers failed to identify themselves)
Saucier v. Katz, 533 U.S. 194 (2001) (qualified immunity two-step inquiry)
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 permissible only when officer has probable cause to believe suspect poses serious physical threat)
Kisela v. Hughes, 138 S. Ct. 1148 (2018) (clearly established law must be defined with specificity in Fourth Amendment cases)
Anderson v. Russell, 247 F.3d 125 (4th Cir. 2001) (deadly force justified where suspect ignored commands and reached toward waist)
Elliott v. Leavitt, 99 F.3d 640 (4th Cir. 1996) (drawing a gun on police creates grave risk of deadly response)
Sigman v. Town of Chapel Hill, 161 F.3d 782 (4th Cir. 1998) (deadly force justified where suspect disobeyed commands and advanced armed)
Waterman v. Batton, 393 F.3d 471 (4th Cir. 2005) (assessment focuses on circumstances immediately prior to and at the moment force is used)
Wilson v. Prince George's Cty., 893 F.3d 213 (4th Cir. 2018) (qualified immunity standards and burden of proof)