Deadly Force, Qualified Immunity and Civil Liability: We’re Not in California Anymore with This Case

The use of deadly force and qualified immunity from civil liability 

• Civil liability and qualified immunity 
• The use of deadly force absent prior case authority putting officers on notice 
• Fourteenth Amendment substantive due process and familial relationships 

The lack of prior case authority determining that the use of deadly force in a potentially dangerous situation is unconstitutional will generally provide officers with qualified immunity from civil liability.  

Where the issue is a child’s Fourteenth Amendment substantive due process deprivation of his or her interest in the companionship of a parent, only official conduct that “shocks the conscience” is sufficient to provide a remedy. Also, it must be shown that actual deliberation before the force was used was practical under the circumstances. 

Two Lyon County, Nevada, law enforcement officers responded to a 911 call related to a domestic violence incident at a private residence. The initial call did not request any emergency medical care nor report the involvement of any weapons. Upon arrival, the officers knocked on the front door and announced their presence. Two minor children—both described as “distressed”—came out of the house and spoke with the officers in the front yard. They told the officers that their parents were fighting and that their mother needed an ambulance. A medic was called to respond to the scene. While awaiting the arrival of an ambulance, the children told the officers that there were no weapons in the house other than a BB gun, but that their father was “throwing (their mother) around.”  

Leaving the children in the front yard, the officers again approached the front door, announced their presence, and, with one of the officers drawing his weapon, made entry into the house. Robert Anderson—from down an adjoining hallway and out of view—shouted; “F*** you punks.” Following the direction of Anderson’s voice, the officers moved toward the hallway just off the kitchen. Anderson—5 foot, 8 inches tall and 185 pounds (smaller than either of the two officers)—was observed standing at the far end of the hallway. It was noted at this time that he was unarmed ....