Tyralyn Harris v. New Orleans Police Depart, 2014 U.S. App. LEXIS 4643

On April 9, 2010, five NOPD officers responded to Tyralyn Harris's 911 call about Brian Harris possibly taking sleeping-pill overdose.
Officers breached a barricaded bedroom door and found Harris in bed with a folding knife; he did not pose a target for arrest for a crime.
Officers deployed tasers; Harris stood, raised the knife, and law enforcement fired after he did not drop the knife.
Harris died from gunshot wounds; plaintiffs (his wife Tyralyn and children) sued under 42 U.S.C. § 1983 for excessive force and Monell liability.
District court granted summary judgment to officers on qualified immunity and dismissed Monell claims against the City.
Court of appeals affirms the district court’s decision, focusing on the moment of the fatal shooting and the qualified-immunity analysis.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was deadly force reasonable given the moment of threat?	Harris did not threaten immediate harm; officers provoked aggression.	Harris posed an imminent threat when standing with a knife raised over his head; deadly force reasonable.	Yes; force not unreasonable; Harris held knife at moment of shooting.
Was the warrantless entry into Harris's bedroom lawful?	Entry violated Fourth Amendment absent exigent circumstances.	Tyralyn's consent (giving keys) valid under common control; no violation.	Yes; no Fourth Amendment violation; consent by co-occupant authorized entry.
Can Monell liability stand if no constitutional violation by officers is shown?	City's policies/training caused the violation.	No constitutional violation; no Monell liability.	No; Monell claim properly dismissed.
Did officers violate clearly established Fourth Amendment rights?	Qualified immunity should shield only when clearly established.	No clearly established right violated given immediate threat and video evidence.	Yes; district court proper due to qualified immunity.

Graham v. Connor, 490 F.3d 386 (Supreme Court 1989) (reasonableness of force assessed from perspective of a reasonable officer)
Scott v. Harris, 550 U.S. 372 (U.S. 2007) (defer to videotape in determining facts at summary judgment)
Rockwell v. Brown, 664 F.3d 985 (5th Cir. 2011) (moment of threat; consent; police use of force analysis during a mental health crisis)
Bazan v. Hidalgo Cnty., 246 F.3d 481 (5th Cir. 2001) (excessive force inquiry limited to danger at moment of threat)
Mace v. City of Palestine, 333 F.3d 621 (5th Cir. 2003) (deadly force and danger to officers framework)
United States v. Solis, 299 F.3d 420 (5th Cir. 2002) (third-party consent and Fourth Amendment consent to search)
Ramirez v. Knoulton, 542 F.3d 124 (5th Cir. 2008) (elements of excessive-force claim)
Freeman v. Gore, 483 F.3d 404 (5th Cir. 2007) (two-step qualified-immunity framework on summary judgment)
Brumfield v. Hollins, 551 F.3d 322 (5th Cir. 2008) (burden-shifting in qualified-immunity analysis)