Wilson v. City of Lafayette, 510 F. App'x 775

In August 2006, Boulder County detectives pursued Ryan Wilson after he admitted marijuana plants were his and fled across rough terrain.
Officer Harris joined the chase, identified himself, and warned Wilson to halt as Wilson reached toward his pocket, raising concern of a weapon.
Officer Harris fired a taser; one probe hit Wilson’s left side and the second probe possibly hit his head, rendering him unresponsive and later dying from cardiac arrhythmia with disputed contributing causes.
Wilson’s estate sued under 42 U.S.C. § 1983 alleging excessive force; the district court granted Harris qualified immunity and summary judgment.
The appellate court reviews the qualified immunity question de novo, requiring plaintiffs to show a constitutional violation and that the right was clearly established.
The court holds that, on the record, no clearly established authority warned that Harris’s conduct was illegal as of 2006, so qualified immunity is appropriate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Harris used excessive force in violation of the Fourth Amendment.	Wilson estate claims taser use was excessive given fleeing but nonlethal nature.	Harris acted reasonably under Graham factors and reasonable self-defense in uncertain, rapidly evolving circumstances.	No clear Fourth Amendment violation; qualified immunity affirmed.
Whether the right at issue was clearly established in 2006.	Existing taser cases showed potential illegality; law was clearly established given head-targeting and proximity.	No controlling pre-2006 authority clearly established the exact head-tasing under these facts.	Right not clearly established; qualified immunity remains.
Whether Wendy Wilson could pursue § 1983 wrongful-death claims on behalf of the decedent given standing rules.	Berry v. Muskogee allows § 1983 wrongful-death claims beyond estate representatives.	Berry forecloses borrowing state wrongful-death remedies; Wendy lacks representative status.	Wendy cannot maintain § 1983 wrongful-death claims; Berry controls.

Graham v. Connor, 490 F.3d 386 (Supreme Court 1989) (establishes the Graham factors for excessive force analysis)
Casey v. City of Federal Heights, 509 F.3d 1278 (10th Cir. 2007) (reiterates requirement of legitimate justification under Graham)
Anderson v. Blake, 469 F.3d 910 (10th Cir. 2006) (broad application of general constitutional principles to clearly establish standards)
Berry v. City of Muskogee, 900 F.2d 1489 (10th Cir. 1990) (limits borrowing of state wrongful-death remedies under § 1988)
Martinez v. Carr, 479 F.3d 1292 (10th Cir. 2007) (two-part burden for qualified immunity; de novo review)
Gann v. Cline, 519 F.3d 1090 (10th Cir. 2008) (reiterates standards for clearly established rights)
Gomes v. Wood, 451 F.3d 1122 (10th Cir. 2006) (discusses clearly established law under qualified immunity)
Malley v. Briggs, 475 U.S. 335 (Supreme Court 1986) (establishes qualified immunity framework)
Keating v. City of Miami, 598 F.3d 753 (11th Cir. 2010) (egregious conduct can clearly establish a violation even without on-point case law)
Orem v. Rephann, 523 F.3d 442 (4th Cir. 2008) (prevalent in circuit discussions on clearly established law and taser use)
Mattos v. Agarano, 661 F.3d 1116 (9th Cir. 2011) (en banc discusses clearly established status of taser use post-incident)