Molina-Gomes v. Welinski, 676 F.3d 1149

Molina Campos, under an undercover narcotics operation, attempted to drive away after a staged drug transaction at a gas station.
An undercover officer was dragged when Molina Campos reversed, then Molina Campos rammed a police vehicle in the pursuit.
Sergeant Welinski fired eight shots at Molina Campos’s car as it slowed and turned toward a roadway, after being boxed in by police vehicles.
Molina Campos collapsed and died; CPR and ambulance service followed but he did not survive.
Molina Gomes, as trustee for Molina Campos’s next of kin, sued Welinski under § 1983 alleging excessive force in the officer’s individual capacity.
The district court granted Welinski summary judgment based on qualified immunity; Gomes appeals the individual-capacity ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the force used objectively reasonable under the Fourth Amendment?	Gomes contends the shooting was excessive given the evolving threat.	Welinski acted to prevent serious harm to officers and others; the threat justified deadly force.	No Fourth Amendment violation; force reasonable under circumstances.
Was Welinski entitled to qualified immunity on the alleged excessive-force claim?	Rights were clearly established and violated; immunity should not attach.	Reasonable belief of a threat at the moment supports immunity.	Qualified immunity affirmed; Welinski's conduct was not clearly established as unlawful.

Graham v. Connor, 490 U.S. 386 (1989) (objective reasonableness standard for use of force)
Scott v. Harris, 550 U.S. 372 (2007) (video evidence supporting reasonableness in split-second decisions)
Nance v. Sammis, 586 F.3d 604 (8th Cir. 2009) (threats to others justify deadly force when probable cause exists)
Sykes v. United States, U.S. _, 131 S. Ct. 2267 (2011) (vehicles used as escape tools create serious risks)
Sanders v. City of Minneapolis, 474 F.3d 523 (8th Cir. 2007) (rapidly evolving circumstances limit unreasonable-force review)
Hernandez v. Jarman, 340 F.3d 617 (8th Cir. 2003) (objectively reasonable force under evolving danger)
Schulz v. Long, 44 F.3d 643 (8th Cir. 1995) (considerations for use-of-force in evolving scenarios)
Johnson v. Carroll, 658 F.3d 819 (8th Cir. 2011) (qualifying immunity analysis and allocation of inquiry)
Pearson v. Callahan, 555 U.S. 223 (2009) (modifies sequence of when to address qualified-immunity questions)
Hope v. Pelzer, 536 U.S. 730 (2002) (clearly established rights essential to qualified immunity)
Craighead v. Lee, 399 F.3d 954 (8th Cir. 2005) (objective reasonableness standard in use of force cases)
Nelson v. Cnty. of Wright, 162 F.3d 986 (8th Cir. 1998) (officer perspective in evaluating force against facts known at the time)