Tolan v. Cotton
2012 U.S. Dist. LEXIS 45950
S.D. Tex.2012Background
- Dec. 31, 2008, ~2:00 a.m., Robbie Tolan shot by Bellaire Sgt. Cotton outside 804 Woodstock, Bellaire, TX; six witnesses including Edwards, Tolans, and Cooper.
- Edwards incorrectly typed license plate into MDT (696BGK vs 695BGK), triggering an alert that the SUV was stolen and prompting police action.
- Edwards activated lights, drew his handgun, ordered Robbie Tolan and Cooper to lie on the ground; Marian and Bobby Tolans exited the home and became involved; Cotton arrived to back Edwards.
- Cotton escorted Marian Tolan toward the garage to cuff/search suspects; Robbie Tolan, lying on the porch, began to get up and rotate toward Cotton; a loud bang occurred when Marian hit the garage door.
- Cotton fired three shots at Robbie Tolan, allegedly in self-defense; the Tolans and Cooper were detained briefly by other officers; Plaintiffs allege Fourth and Fourteenth Amendment violations and seek damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity on use of deadly force | Tolan claims officers violated clearly established law | Cotton/Edwards acted reasonably under totality of circumstances | Qualified immunity granted; no clearly established rights violation found |
| Fourteenth Amendment due process claims | Alleges substantive due process and detention violations | Claims not cognizable under Fourteenth Amendment; Fourth Amendment applies | Dismissed; claims not cognizable under Fourteenth Amendment |
| Fourth Amendment stop/detention of Tolans and Cooper | Detentions were unlawful seizures | Detentions justified by reasonable suspicion and to protect safety | Detentions were constitutional under Terry framework |
| Marian Tolan’s claimed excessive force | Push against garage door and arm-grab were excessive | Actions reasonable to control disruptor and facilitate investigation | Not excessive; use of force was reasonable under the circumstances |
Key Cases Cited
- Ontiveros v. City of Rosenberg, 564 F.3d 379 (5th Cir.2009) (deadly force presumption when threat perceived; totality of circumstances)
- Reese v. Anderson, 926 F.2d 494 (5th Cir.1991) (fear for life can justify deadly force even if later deemed unnecessary)
- Graham v. Connor, 490 U.S. 386 (Supreme Court 1989) (reasonable officer standard; not hindsight)
- Pearson v. Callahan, 555 U.S. 223 (Supreme Court 2009) (allows flexibility in prongs of qualified immunity analysis)
- Saucier v. Katz, 533 U.S. 194 (Supreme Court 2001) (original two-prong approach to qualified immunity (now modified))
- Harlow v. Fitzgerald, 457 U.S. 800 (Supreme Court 1982) (qualified immunity for public officials)