Zawacky v. County of Clark, 3:22-cv-05101

On February 4, 2021, Clark County Sheriff Deputy Sean Boyle fatally shot Jenoah Donald during a traffic stop involving suspicious vehicles.
Donald was stopped for misdemeanors, refused to exit his car, and resisted removal; during an ensuing struggle, Boyle punched Donald and later shot him.
Plaintiffs, Donald’s mother (Zawacky) and representatives, filed suit against Boyle and Clark County, asserting claims for negligence, assault and battery, and federal constitutional violations (including excessive force) under 42 U.S.C. § 1983.
Defendants moved for summary judgment on all claims, arguing both facts and various immunities, and asserted the state law "felony defense" statute.
The parties dispute material facts about the level of resistance, Boyle’s position relative to the vehicle at the time of the shooting, and whether less intrusive methods could have been used.
The court granted summary judgment only in part, denying it on the core excessive force and ratification claims, and allowing state law claims to proceed.

Issue	Plaintiff’s Argument	Defendant’s Argument	Held
Excessive Force – Punch	Punch was unjustified intermediate force; Donald posed no threat.	Boyle’s use of force not addressed; focus was on deadly force.	Jury could find excessive force; summary judgment denied.
Excessive Force – Shooting	Boyle was not in danger; deadly force unreasonable.	Boyle faced imminent threat of being dragged by car.	Jury could find shooting was excessive; summary judgment denied.
Qualified Immunity for Boyle	Clearly established law prohibits such force on non-threatening, resisting suspect.	Not clearly established; Boyle feared being dragged.	Not entitled to qualified immunity for punch or shooting.
Municipal Liability (Monell) – Policy/Training	County policies and training were deficient, showing indifference.	No pattern of violations; training and policies adequate.	No liability for policy/training failure.
Municipal Liability – Ratification	County ratified unconstitutional acts by not scrutinizing incident.	No evidence of ratification.	Ratification claim survives; summary judgment denied.
State Law "Felony Defense" Statute	Material facts disputed as to whether Donald committed a felony.	Conduct bars claims under the Felony Defense statute.	Factual disputes preclude summary judgment; denied.

Graham v. Connor, 490 U.S. 386 (objective reasonableness standard governs excessive force claims)
Tennessee v. Garner, 471 U.S. 1 (deadly force permissible only if suspect poses a significant threat)
Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standards)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (function of summary judgment judge is to determine factual disputes)
Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (municipal liability under § 1983)