Qualified Immunity and the Use of Deadly Force

Absent a showing that police officers were on notice that deadly force used was clearly established by prior case law to be a Fourth Amendment violation, officers are entitled to qualified immunity from civil liability.

Qualified Immunity in a Fourth Amendment Use-of-Deadly-Force Case:  In a companion case to the U.S. Supreme Court’s decision in Rivas-Villegas v. Cortesluna (Oct. 18, 2021) __ U.S.__ [__ S.Ct. __; __ L.Ed.2nd __; 2021 U.S. LEXIS 5311] (previously briefed), the High Court reversed where it was held by the Tenth Circuit Court of Appeal (Oklahoma)—when the officers involved were sued by the decedent’s estate—that the officers who shot and killed a hammer-wielding, intoxicated suspect, were not entitled to qualified immunity.  In reversing the 10th Circuit, the Supreme Court first noted that an officer in any use-of-force ....