Summer Gorman v. State of Mississippi, 892 F.3d 172

During a firearms training briefing hosted by the Mississippi Gaming Commission, instructor Robert Sharp mistakenly brought and used a real gun instead of a dummy and accidentally shot fellow instructor John Gorman, who later died.
Gorman’s estate brought a § 1983 suit asserting a Fourth Amendment seizure against Sharp; a related state-law tort action is pending in state court.
Sharp moved for judgment on the pleadings asserting qualified immunity; the district court denied the motion.
Sharp appealed interlocutorily, arguing (1) the Fourth Amendment requires intentionality for a seizure and (2) even if a violation occurred, it was not clearly established.
The Fifth Circuit panel emphasized Supreme Court precedent that a Fourth Amendment seizure requires intentional governmental conduct and concluded the accidental shooting lacked the requisite intent.
The Fifth Circuit reversed the denial of qualified immunity and instructed dismissal of the remaining Fourth Amendment claim against Sharp.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an accidental, governmental-caused termination of movement qualifies as a Fourth Amendment "seizure"	Gorman’s estate: the shooting effectively seized/deprived Gorman of liberty/life and thus violated the Fourth Amendment	Sharp: seizure requires willful, intentional conduct; the shooting was accidental and negligent, not intentional	Held: No Fourth Amendment seizure—Brower requires intentional means; accidental shooting insufficient
Whether qualified immunity was defeated because the constitutional right was clearly established	Gorman’s estate: plaintiff argued rights were clearly established against unreasonable seizures causing death	Sharp: even if a seizure existed, there was no clearly established law that accidental/negligent conduct constitutes a Fourth Amendment seizure	Held: Qualified immunity applies; district court’s denial reversed and claim dismissed

Kisela v. Hughes, 138 S. Ct. 1148 (qualified immunity standard for officials)
White v. Pauly, 137 S. Ct. 548 (per curiam guidance on clearly established law)
Plumhoff v. Rickard, 134 S. Ct. 2012 (qualified immunity analysis and order of inquiries)
Brower v. County of Inyo, 489 U.S. 593 (Fourth Amendment seizure requires intentional means)
Pearson v. Callahan, 555 U.S. 223 (flexible order for qualified immunity inquiries)
Waltman v. Payne, 535 F.3d 342 (Fifth Circuit discussion of seizure and qualified immunity)
Young v. City of Killeen, 775 F.2d 1349 (negligent taking of life not a constitutional seizure)