Quair v. County of Kings
1:20-cv-01793
E.D. Cal.Jun 5, 2025Background
- Fredie Quair was shot multiple times by police officers during an attempted arrest following a multi-agency operation linked to gang and weapons investigations.
- The officers involved were Sergeant Taylor Lopes (Kings County Sheriff) and DOJ special agents; none saw Quair with a gun during the incident.
- Quair filed suit under 42 U.S.C. § 1983 alleging excessive force and inadequate medical care, and also brought Monell claims against Kings County for failure to train and having an unconstitutional policy.
- Defendants moved for summary judgment on all claims; Quair moved for judicial notice regarding prior incidents involving defendant officers.
- The court ruled on the summary judgment motions, addressing requests for punitive damages, evidentiary objections, and the need for trial on certain factual disputes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive Force (4th Amendment) | Officers used unlawful, lethal force on unarmed Quair; shooting after he was on the ground was unjustified | Officers believed Quair posed an immediate threat, possibly assumed a shooting stance | Denied summary judgment—material factual disputes require jury trial |
| Qualified Immunity (Excessive Force) | Clear law prohibited shooting unarmed or non-dangerous suspect; disputes should go to jury | Law not clearly established given Quair’s allegedly aggressive actions | Denied summary judgment; material factual disputes preclude immunity at this stage |
| Inadequate Medical Care (4th Amendment) | Delay and lack of aid after shooting caused or worsened injuries | No evidence Quair suffered additional injury from any delay; plaintiff can't show causation | Granted summary judgment to defendants; no triable issue |
| Monell (Policy & Training) | County failed to train, had unofficial policy sanctioning police shootings, and took no corrective measures | Officers were properly trained per state standards; no actionable official policy | Denied summary judgment; sufficient evidence for jury on policy and training claim |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (objective reasonableness standard for excessive force under the Fourth Amendment)
- Tennessee v. Garner, 471 U.S. 1 (police may not use deadly force on unarmed, nondangerous fleeing suspects)
- Monell v. Dep't of Social Services, 436 U.S. 658 (municipal liability attaches only when policy or custom causes the constitutional violation)
- Smith v. City of Hemet, 394 F.3d 689 (summary judgment granted sparingly in excessive force cases due to factual disputes)
- Connick v. Thompson, 563 U.S. 51 (municipalities responsible only for own illegal acts, not vicarious liability)
- City of Canton v. Harris, 489 U.S. 378 (municipality's failure to train may constitute deliberate indifference in obvious situations like deadly force)
- Bryan v. MacPherson, 630 F.3d 805 (use of lethal force implicates highest Fourth Amendment interests)