Small Ex Rel. R.G. v. City of Alexandria
622 F. App'x 378
5th Cir.2015Background
- Officer Fairbanks fatally shot Richard Goss in a motel room after approaching with a drawn weapon.
- Goss’s girlfriend Willis had called 911 for an intoxicated, non-self-harmful person; responders were categorized as suicidal.
- Fairbanks and EMTs were dispatched; EMTs remained outside as Fairbanks entered the room first.
- Goss sat on the bed, began moving toward the head of the bed, and reportedly reached toward the mattress while Fairbanks ordered him to raise his hands.
- Fairbanks fired three times after repeatedly warning Goss to show his hands; Boney could not observe inside the room.
- The district court granted summary judgment to Fairbanks; Small appeals only the Fourth Amendment excessive-force claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fairbanks used excessive force violating the Fourth Amendment | Goss’s reach toward the bed suggested a weapon; force was not necessary. | Reasonable officer on scene could believe Goss threatened serious harm; deadly force justified. | No genuine dispute; qualified immunity applies; force not clearly excessive. |
| Whether disputed facts regarding who spoke to Willis create a genuine issue | District court improperly credited Fairbanks about Willis’s exit. | Disputed facts do not negate reasonableness of later shooting. | No material dispute; not fatal to qualified immunity. |
| Whether the court erred in adopting Fairbanks’s description of Goss’s statements | Goss’s statements conflict with EMT testimony. | No record evidence undermines Fairbanks’s account of behavior immediately before shooting. | No genuine issue; qualified immunity upheld. |
Key Cases Cited
- Ontiveros v. City of Rosenberg, 564 F.3d 379 (5th Cir. 2009) (deadly force reasonable when suspect bears threat; similar factual posture)
- Elizondo v. Green, 671 F.3d 506 (5th Cir. 2012) (not clearly unreasonable after misidentified threat; aiding suicidal subject)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (reasonableness in use of force judged from officer's perspective, not hindsight)
- Plumhoff v. Rickard, 134 S. Ct. 2012 (U.S. 2014) (split-second judgments allowed; high-level reasonableness standard)
- Brown v. Strain, 663 F.3d 245 (5th Cir. 2011) (two-prong qualified-immunity inquiry; clearly established rights)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary-judgment standard: genuine disputes of material fact preclude)