Deputy Not Entitled to Immunity in Use of Deadly Force Case

By Robert Phillips, Deputy District Attorney (Ret).

Use of Deadly Force and Qualified Immunity
Use of Deadly Force Upon One Carrying a Baseball Bat
Post Civil Trial Relief and Summary Judgment

Estate of Aguirre v. County. of Riverside (9th Cir. Mar 11, 2025) 131 F.4th 702

Rule:  Deadly force used by a law enforcement officer is not justified where the suspect poses no immediate threat to the officer or to others. The use of deadly force on a subject who is carrying a baseball bat, but not threatening anyone with it, violates the Fourth Amendment and subjects a law enforcement officer who uses the force to civil liability.

Facts: On April 15, 2016, a Riverside County Sheriff’s Department Sergeant responded to a call in Lake Elsinore, California, concerning a person destroying property with a bat or “club-like” object.  Upon arriving at the scene, the Sergeant located a person matching the subject’s description, standing in the driveway of a house.  That person, later identified as Clemente Najera-Aguirre (“Najera”), was holding a baseball bat, resting it on his shoulder.  Also observed at the scene was some shattered glass around the house he was standing in front of. Other people were in the area, about 15 to 20 feet from Najera.  

The Sergeant began issuing commands to Najera for him to drop the bat and get down on the ground.  Najera turned his attention to the Sergeant, but failed to comply with his instructions. Najera then exited a gate surrounding the front of the house and moved toward the Sergeant. Despite repeated orders, Najera did not drop the bat.  When Najera got to within 10 to 15 feet, the Sergeant pepper sprayed him twice. This proved to be ineffective apparently due to a wind blowing the spray away.  But it got Najera’s attention.  Najera turned towards the Sergeant while still holding the bat.  With the two still being some 10 to 15 feet apart, the Sergeant pointed his gun at Najera.  Within seconds of facing each other, and without warning, the Sergeant began shooting.  Six round were fired, separated into two volleys with a ....