241 F. Supp. 3d 1253
S.D. Ala.2017Background
- On December 4, 2013, Selma Police Officer Desmond Williams shot and killed Ananias Shaw, a 74-year-old who emerged from an abandoned building holding a hatchet after refusing repeated commands to drop it.
- Body-camera video shows a ~90-second interaction: officers repeatedly ordered Shaw to put down the hatchet; Shaw yelled, walked toward Officer Williams, shouted "shoot it! shoot it!", and moved within a few feet before Williams fired one fatal shot.
- Plaintiff (Shaw’s representative) sued the City of Selma, Chief Riley, and Officer Williams alleging § 1983 excessive force, false arrest/false imprisonment, municipal liability (policy/custom/failure to train), and various Alabama state-law torts.
- Defendants moved for summary judgment and to strike an affidavit by plaintiff’s former co-counsel (Faya Toure); the court struck the affidavit for nondisclosure, hearsay, and irrelevance under Rules 26 and 37.
- The court accepted the body-camera video as authentic and dispositive where it contradicts other testimony and viewed facts in the light depicted by the video for summary judgment.
- The court granted summary judgment to all defendants, holding (among other rulings) that Williams’ use of deadly force was objectively reasonable, municipal/failure-to-train claims fail, and state-law claims are barred by state-agent immunity or fail on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force (§ 1983) | Williams used unreasonable, deadly force in shooting Shaw. | Video and witness testimony show Shaw posed an immediate, grave threat by wielding a hatchet and advancing; force was reasonable. | No Fourth Amendment violation; qualified immunity applies — summary judgment for Williams. |
| False arrest / investigatory seizure (§ 1983) | Pointing a gun at Shaw and following him constituted an unlawful seizure/false arrest. | No arrest occurred; officers had reasonable suspicion (Terry) and could draw weapons to ensure safety; pointing a gun did not convert the encounter into an arrest. | No arrest or unlawful seizure; § 1983 false arrest/false imprisonment claims fail. |
| Municipal liability (failure to train/policy) | City had inadequate training re: mentally ill suspects and customs of indifference caused the injury. | No underlying constitutional violation by officers; no evidence of deficient training or pattern of similar violations to show deliberate indifference. | Summary judgment for City: no municipal liability without a constitutional violation or evidence of deliberate indifference. |
| State-law torts and immunity | Assault/battery, false imprisonment, outrage, conspiracy, negligence claims against Williams and City. | Williams acted within discretionary law-enforcement duties; his conduct complied with policy and lacked evidence of willfulness, malice, or bad faith; state-agent immunity protects him and the City. | State claims fail on the merits or are barred by Alabama state-agent immunity and respondeat superior immunity for the City. |
Key Cases Cited
- Vinyard v. Wilson, 311 F.3d 1340 (11th Cir.) (qualified immunity framework for officials)
- Hope v. Pelzer, 536 U.S. 730 (2002) (threshold inquiry whether alleged facts establish constitutional violation)
- Tennessee v. Garner, 471 U.S. 1 (1985) (deadly force as a seizure governed by Fourth Amendment reasonableness)
- Graham v. Connor, 490 U.S. 386 (1989) (objective-reasonableness standard for force claims)
- Scott v. Harris, 550 U.S. 372 (2007) (accept video evidence that clearly contradicts plaintiff’s version of events)
- Penley v. Eslinger, 605 F.3d 843 (11th Cir.) (officer may use deadly force when suspect poses grave and immediate threat)
- Garczynski v. Bradshaw, 573 F.3d 1158 (11th Cir.) (split-second judgments; refusal to drop weapon supports reasonableness of force)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment burdens and allocation)
- White v. Pauly, 137 S. Ct. 548 (2017) (clearly established-law must be particularized to the facts)
- Singletary v. Vargas, 804 F.3d 1174 (11th Cir.) (officers not required to wait until a suspect actually uses a weapon before using deadly force)