Susan Carnaby v. City of Houston, 2011 U.S. App. LEXIS 5846

In April 2008 Carnaby was stopped by HPD for speeding; he claimed to be a CIA agent, which prompted officers to investigate his credentials.
Starks ran Carnaby's background; Carnaby had a handgun license and a 1992 disorderly conduct arrest; Carnaby exited and reentered the car during the investigation.
HPD sergeant advised documenting the circumstances; Starks considered issuing a ticket but was told not to if Carnaby was a federal agent; further conversation occurred by phone.
MOD officers were consulted regarding an additional charge but did not provide an immediate answer; Carnaby spoke with an FBI agent during the events.
A high-speed chase ensued for under 15 minutes; Carnaby stopped, and officers approached from opposite sides; Carnaby exited as officers shouted to get to the ground.
Carnaby moved toward the officers with hands moving toward an object; Foster fired through the car and Washington fired shortly after; Carnaby was shot, died later at the hospital.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the deadly-force use violated the Fourth Amendment and was objectively reasonable	Carnaby’s family argues excessive force violated rights.	Officers acted to prevent serious harm; force was reasonable under the circumstances.	Yes; force was objectively reasonable, warranting qualified immunity for the officers.
Whether Washington can be liable for supervision failure	Washington failed to supervise others; supervisor liability.	No direct policy or supervisory misconduct shown; Iqbal standard applies to supervisor liability.	No; no evidence Washington established a policy or deliberate misconduct; summary judgment proper.
Whether the City can be liable for failure to train the officers	HRVA training was inadequate and policymakers were deliberately indifferent; training caused injury.	Need proof of deliberate indifference and causal link; insufficient evidence of policymakers' indifference.	No; insufficient evidence of deliberate indifference; summary judgment affirmed on failure-to-train claim.

Graham v. Connor, 490 U.S. 386 (U.S. Supreme Court 1989) (reasonableness of force evaluated from officer’s perspective)
Tennessee v. Garner, 471 U.S. 1 (U.S. Supreme Court 1985) (deadly force as seizure; necessity for reasonable force)
Ontiveros v. City of Rosenberg, 564 F.3d 379 (5th Cir. 2009) (deadly force upheld when suspect reaches for weapon inside clothing)
Canton v. Harris, 489 U.S. 378 (U.S. Supreme Court 1989) (deliberate indifference standard for failure-to-train claims)
Scott v. Harris, 550 U.S. 372 (U.S. Supreme Court 2007) (courts may consider videotaped evidence over party versions)
Fraire v. City of Arlington, 957 F.2d 1268 (5th Cir. 1992) (relevance of reasonableness and necessity in evaluating force)
Young v. City of Killeen, 775 F.2d 1349 (5th Cir. 1985) (deadly force when suspect refuses to comply and reaches for a weapon)
Ashcroft v. Iqbal, 556 U.S. 662 (U.S. Supreme Court 2009) (pleading standards for supervisory liability and government officials)
Conner v. Travis County, 209 F.3d 794 (5th Cir. 2000) (test for municipal liability and causation for training deficiencies)
Pineda v. City of Houston, 291 F.3d 325 (5th Cir. 2002) (pattern of illegality not proven by isolated incidents in large city)
Reese v. Anderson, 926 F.2d 494 (5th Cir. 1991) (deadly force when suspect ignores commands and appears to reach for weapon)