109 F.4th 1215
9th Cir.2024Background
- Roy Scott, experiencing mental distress, called 911 for assistance and reported hallucinations and perceived threats outside his apartment.
- Las Vegas Metropolitan Police Department Officers Smith and Huntsman responded and were informed Scott was mentally ill; Scott was compliant, unarmed after giving up a pipe and a knife, and not suspected of any crime.
- Officers forced Scott to the ground and used bodyweight restraint even as Scott pleaded and showed visible distress; he lost consciousness and was pronounced dead at the scene.
- Scott's daughter and estate sued the officers and department under 42 U.S.C. § 1983, claiming violations of Scott’s Fourth Amendment rights (excessive force) and Rochelle Scott’s Fourteenth Amendment right to familial association.
- The district court denied qualified immunity to the officers on both claims, and the officers appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity on Fourth Amendment (excessive force) claim | Officers used deadly, constitutionally excessive force on an unarmed, non-threatening, mentally ill person. | Force was reasonable under circumstances; Scott posed potential threat. | Denied qualified immunity; excessive force violated clearly established law. |
| Qualified immunity on Fourteenth Amendment (familial association) claim | Unjustified killing by officers infringed on the familial relationship between Scott and his daughter. | No clearly established law at the time; conduct did not violate a clearly established right. | Granted qualified immunity; right was not clearly established at the time. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (objective reasonableness governs excessive force under Fourth Amendment)
- Tennessee v. Garner, 471 U.S. 1 (deadly force requires threat of serious harm or escape)
- Drummond ex rel. Drummond v. City of Anaheim, 343 F.3d 1052 (bodyweight force on a prone, non-threatening, mentally ill individual is excessive)
- Deorle v. Rutherford, 272 F.3d 1272 (assessing government interests and alternatives to force against mentally ill suspects)
- White v. Pauly, 580 U.S. 73 (clearly established law must be defined with specificity)
- Hope v. Pelzer, 536 U.S. 730 (fair warning provided by precedent does not require identical facts)