White v. United States of America
863 F. Supp. 2d 41
D.D.C.2012Background
- White family sues U.S. Capitol Police officers Shelfo and Greenwell on Bivens claims for Fourth and Fifth Amendment violations resulting in Kellen White’s death.
- Defendants Shelfo and Greenwell allegedly used unlawful seizure and excessive/deadly force during a pursuit and confrontation after White fled a traffic stop and crashed.
- Video evidence shows White exiting a vehicle with a gun; plaintiffs contend White surrendered, not pointed a weapon; defendants claim White threatened with a gun.
- Autopsy concluded White died from twelve gunshot wounds sustained in the shooting.
- Court grants summary judgment in favor of Shelfo and Greenwell on all claims based on qualified immunity and lack of constitutional violation.
- Plaintiffs’ claim against Shelfo and Greenwell premised on Officer Doherty’s initial stop is rejected because Bivens liability cannot attach to co-officers for another officer’s actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pre-exit seizure was unconstitutional | White argues unlawful seizure prior to exit | Shelfo/Greenwell acted with probable cause to pursue | Seizure pre-exit reasonable; qualified immunity applies |
| Whether the pursuit/summary seizure after exit violated the Fourth Amendment | Seizure unlawful and excessive | Probable cause and pursuit justified under Whren | Seizure justified; qualified immunity applies |
| Whether the officers’ deadly force was constitutional | Deadly force unjustified; no threat | White posed imminent threat; deadly force reasonable | Deadly force reasonable under Garner; qualified immunity applies |
| Whether plaintiffs can hold Shelfo/Greenwell liable for Doherty’s initial stop | Co-defendants liable for Doherty’s actions | No vicarious Bivens liability; must show own actions violated rights | Bivens claims based on Doherty’s stop barred; no liability for Shelfo/Greenwell |
Key Cases Cited
- Harlow v. Fitzgerald, 457 U.S. 800 (U.S. 1982) (officials enjoy qualified immunity for discretionary functions unless rights clearly established)
- Saucier v. Katz, 533 U.S. 194 (U.S. 2001) (two-step approach to qualified immunity, though later refined)
- Pearson v. Callahan, 555 U.S. 223 (U.S. 2009) (reconsideration of Saucier; right must be clearly established at the time)
- Reichle v. Howards, - (U.S. 2012) (mentions qualified-immunity framework; not resolved here due to established rights)
- Brower v. County of Inyo, 489 U.S. 593 (U.S. 1989) (seizure occurs when government action terminates movement)
- United States v. Watson, 423 U.S. 411 (U.S. 1976) (probable cause for warrantless arrest in public)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (objective reasonableness governs stop decisions)
- Hensley v. Uitited States, 469 U.S. 221 (U.S. 1985) (reliance on radio bulletins in investigations)
- Graham v. Connor, 490 U.S. 386 (U.S. 1989) (reasonableness of force judged on scene perspective)
- Garczynski v. Bradshaw, 573 F.3d 1158 (11th Cir. 2009) (deadly-force reasonableness when suspect swirls toward officers)
- Scott v. Harris, 550 U.S. 372 (U.S. 2007) (video evidence undermines self-serving affidavits on summary judgment)
- Johnson v. Washington Metro. Area Transit Auth., 883 F.2d 125 (D.C. Cir. 1989) (summary-judgment standards in transit context)
- Arizona v. Johnson, 555 U.S. 323 (U.S. 2009) ( Terry stop context for detentions)
- United States v. White, 648 F.2d 29 (D.C. Cir. 1981) (police may draw weapons approaching a vehicle prior to arrest)