99 F.4th 900
6th Cir.2024Background
- Bill Heeter was shot and killed by Officer Kenneth Bowers during a police response to a mental health crisis involving suicide threats at Heeter's Columbus, Ohio home on November 21, 2018.
- Police bodycam footage showed Heeter sitting, armed, inside the home; officers argued he would put the gun down if police left. Officers entered after being informed by a sergeant that Heeter's gun was on the table.
- After entry and a brief standoff, Officer Bowers fired five shots into Heeter's chest. Subsequent video depicted officers not immediately administering first aid as Heeter bled and struggled to breathe; paramedics arrived after about eight minutes.
- Heeter’s estate and family sued Officer Bowers and the Columbus Police Department under 42 U.S.C. § 1983 for excessive force (Fourth Amendment), denial of medical care (Fourteenth Amendment), and state tort claims.
- The district court granted in part and denied in part summary judgment, allowing individual claims against Bowers to proceed and dismissing federal claims against the city, but denied municipal immunity on the state law claims.
- Officer Bowers and the City appealed the denial of immunity; the appellate court reviewed whether these questions were properly a matter of law or factual dispute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity - Excessive force | Bowers used deadly force when Heeter was not an imminent threat. | Heeter made threatening movements, refused commands, gun possibly in hand. | Qualified immunity denied; factual disputes remain for jury. |
| Qualified immunity - Medical care | Bowers stood idle after shooting, failing to give necessary first aid. | Called paramedics promptly; not constitutionally required to administer aid. | Qualified immunity denied; training and facts required aid be rendered. |
| State-law immunity - Officer (indiv.) | Same facts demonstrate wanton/reckless conduct under state law. | Not liable if not reckless/malicious; acted within official duties. | State-law immunity denied; tracks federal immunity analysis. |
| State-law immunity - City/Official cap. | Department/City liable for intentional torts of employees. | Ohio R.C. § 2744.02 grants broad immunity to municipality. | Immunity granted to city/department/officer in official capacity. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (objective reasonableness standard for use of force under the Fourth Amendment)
- Scott v. Harris, 550 U.S. 372 (video evidence can override party's version of facts in qualified immunity appeals)
- Tennessee v. Garner, 471 U.S. 1 (deadly force prohibited unless suspect poses significant threat)
- City of Revere v. Mass. Gen. Hosp., 463 U.S. 239 (obligation of police to provide medical care to detainees)
- Anderson v. Creighton, 483 U.S. 635 (clearly established law for qualified immunity must give fair warning)
- Farmer v. Brennan, 511 U.S. 825 (deliberate indifference standard for denial of medical care)
- Jones v. City of Cincinnati, 521 F.3d 555 (officer’s duty to provide medical aid extends beyond calling paramedics)
- Hope v. Peltzer, 536 U.S. 730 (qualified immunity applies only if officials’ actions are not clearly unlawful)