Police Shooting Cases

Barnes v. Felix

605 U.S. ___ (2025) · May 15, 2025

The Fifth Circuit's 'moment-of-threat' rule, which limited the excessive force inquiry to only the instant of the shooting, conflicts with the totality-of-the-circumstances analysis required by the Fourth Amendment; courts must consider the full sequence of events leading to the use of force.

Young v. City of Irving

No. 3:23-CV-1423-D (N.D. Tex. 2024) · Sep 12, 2024

Granted motions to dismiss pro se plaintiff's § 1983 claims against the City of Irving and police officers but granted leave to replead; held that video evidence contradicting the plaintiff's allegations of unlawful arrest and excessive force entitled officers to qualified immunity, and that municipal liability claims based on conclusory allegations of policy or custom failed.

Bevill v. Wheeler

103 F.4th 363 (5th Cir. 2024) · Jun 5, 2024

On remand from the initial appeal, the Fifth Circuit addressed additional qualified immunity issues in the First Amendment retaliation conspiracy case, further defining the standards for § 1983 conspiracy claims against public officials who retaliate against government employees for protected speech.

Hodge v. Engleman

90 F.4th 840 (5th Cir. 2024) · Jan 16, 2024

Officers were entitled to qualified immunity for fatally shooting a man who exited his car with a gun and pointed it at an officer after a brief pursuit, where bodycam footage blatantly contradicted the plaintiff's allegations; the court treated the district court's consideration of video evidence on a 12(b)(6) motion as an implicit conversion to summary judgment.

Livingston v. Texas

No. 22-11210 (5th Cir. 2024) · Jan 16, 2024

Officers were entitled to qualified immunity in a fatal shooting where body camera footage 'blatantly contradicted' the plaintiff's allegations that the decedent was complying with commands, showing instead that he exited his car with a gun pointed at the officers.

Zavala v. Harris County

No. 22-20611 (5th Cir. 2023) · Nov 21, 2023

Affirmed dismissal of Monell claims against Harris County and grant of qualified immunity to a jailer on excessive force claims arising from use of hog-tie restraints on a pretrial detainee, holding that the use of hog-ties was not clearly established as unconstitutional where the detainee exhibited disorderly and self-injurious behavior.

Bevill v. Fletcher

26 F.4th 270 (5th Cir. 2022) · Feb 11, 2022

A police captain's First Amendment retaliation claim under § 1983 survived a motion to dismiss where the complaint plausibly alleged that a judge, district attorney, and sheriff conspired to have him fired in retaliation for signing an affidavit critical of their professional relationships.

Harmon v. City of Arlington

16 F.4th 1159 (5th Cir. 2021) · Oct 26, 2021

An officer who fatally shot a driver while clinging to the side of the driver's fleeing SUV was entitled to qualified immunity because he reasonably perceived a threat of serious physical harm, and plaintiffs failed to identify clearly established law prohibiting deadly force under those specific circumstances.

Ordonez v. Gonzalez

No. 20-40624 (5th Cir. 2021) · Aug 25, 2021

Officers were not entitled to qualified immunity where they used deadly force against a suspect who was moving away from them and did not pose an immediate threat at the moment of the shooting.

Prim v. Stein

No. 20-20387 (5th Cir. 2021) · Jul 27, 2021

A deputy had probable cause to arrest a concertgoer for public intoxication where the deputy observed swaying, slurred speech, bloodshot eyes, and the person admitted to drinking; but genuine fact issues remained on the wife's arrest where her symptoms could be attributable to multiple sclerosis.

Kelson v. Clark

No. 20-10764 (5th Cir. 2021) · Jun 17, 2021

Paramedics who refused to treat a visibly injured, homeless, mentally ill man — instead harassing and laughing at him — were not entitled to qualified immunity on a failure-to-provide-medical-care claim after the man died from untreated head trauma in custody.

Batyukova v. Doege

994 F.3d 717 (5th Cir. 2021) · Apr 21, 2021

An off-duty sheriff's deputy was entitled to qualified immunity for using deadly force against a woman who ignored commands and appeared to reach for a weapon during a late-night highway encounter, and for allegedly failing to provide timely medical assistance.

Hutcheson v. Dallas County

No. 20-10383 (5th Cir. 2021) · Apr 12, 2021

Officers who restrained a man under the influence of drugs were entitled to qualified immunity where their conduct did not violate clearly established law, and a single incident was insufficient to establish failure-to-train liability.

Roque v. Harvel

993 F.3d 325 (5th Cir. 2021) · Apr 1, 2021

An officer was not entitled to qualified immunity where he shot and killed a suicidal man during a mental health crisis, because a jury could find the officer's continued firing after the initial shot was objectively unreasonable.

Ratliff v. Aransas County

948 F.3d 281 (5th Cir. 2020) · Jan 15, 2020

Deputies were entitled to qualified immunity where they shot a man five times after he refused to drop a loaded pistol during a domestic violence call, despite his later acquittal on criminal charges.

Cole v. Carson

935 F.3d 444 (5th Cir. 2019) · Aug 20, 2019

Officers who shoot a suicidal teenager without warning — when the teen poses no threat and is unaware of the officers' presence — violate clearly established law, and disputed facts about the shooting must go to a jury.

Littell v. Houston Independent School District

894 F.3d 616 (5th Cir. 2018) · Jun 27, 2018

A school district's complete failure to provide Fourth Amendment training to employees who conduct student searches plausibly states a failure-to-train claim under § 1983, even without a pattern of prior violations.

Winfrey v. Rogers

No. 16-20702 (5th Cir. 2018) · Feb 5, 2018

Vacated summary judgment for a deputy who signed arrest warrant affidavits containing material omissions and misstatements, holding that the corrected affidavit would not have established probable cause and that the independent intermediary doctrine did not apply where the grand jury was not presented with all material facts.

Peña v. City of Rio Grande City

879 F.3d 613 (5th Cir. 2018) · Jan 12, 2018

The district court erred in disregarding a plaintiff's proposed amended complaint; when the amended complaint stated plausible excessive force claims against officers who tased a woman during a family dispute, the case should proceed to qualified immunity analysis.

Mullenix v. Luna

577 U.S. 7 (2015) · Nov 9, 2015

Qualified immunity protects officers in the 'hazy border between excessive and acceptable force,' and courts must not define clearly established law at a high level of generality — especially in Fourth Amendment excessive-force cases.

Carroll v. Ellington

800 F.3d 154 (5th Cir. 2015) · Aug 26, 2015

Deputies were entitled to qualified immunity on unlawful search and seizure claims and most excessive force claims arising from a fatal confrontation with a paranoid schizophrenic in his home, but not on excessive force claims for force used after the suspect was subdued and ceased resisting.

Johnson v. City of Shelby

574 U.S. 10 (2014) · Nov 10, 2014

A § 1983 complaint need not invoke § 1983 by name — federal pleading rules require only a short and plain statement of the claim showing entitlement to relief, not citation to specific statutes.

Tolan v. Cotton

572 U.S. 650 (2014) · May 5, 2014

Courts ruling on summary judgment must view the facts in the light most favorable to the nonmoving party — the Fifth Circuit erred by crediting the officer's version of disputed facts when denying an excessive force claim.

Poole v. City of Shreveport

691 F.3d 624 (5th Cir. 2012) · Aug 16, 2012

Officers were entitled to qualified immunity on excessive force claims arising from an arrest following a traffic stop, where a videotape showed the plaintiff's account of events was contradicted by the objective record.

Carnaby v. City of Houston

636 F.3d 183 (5th Cir. 2011) · Mar 22, 2011

Summary judgment was properly granted for the City of Houston and its officers in a § 1983 excessive force case arising from a fatal police shooting where the decedent fled from a traffic stop, led police on a high-speed chase, and was armed.

Scott v. Harris

550 U.S. 372 (2007) · Apr 30, 2007

When video evidence blatantly contradicts the plaintiff's version of events, courts need not adopt the plaintiff's account at summary judgment — and a police officer who rams a fleeing motorist's car to end a dangerous high-speed chase does not violate the Fourth Amendment.

Estate of Davis ex rel. McCully v. City of North Richland Hills

406 F.3d 375 (5th Cir. 2005) · Apr 11, 2005

Supervisory officials were entitled to qualified immunity where the record could not support a conclusion that supervisory liability would attach for a SWAT officer's shooting during execution of a no-knock warrant.

Brosseau v. Haugen

543 U.S. 194 (2004) · Dec 13, 2004

A police officer who shot a fleeing suspect in the back as he attempted to drive away was entitled to qualified immunity because the relevant case law placed her conduct in the 'hazy border between excessive and acceptable force,' and existing precedent did not clearly establish that her actions violated the Fourth Amendment.

Pineda v. City of Houston

291 F.3d 325 (5th Cir. 2002) · May 9, 2002

A municipality was not liable under Monell for an unconstitutional warrantless entry and fatal shooting by officers on a gang task force, where the plaintiffs failed to show a city policy or custom was the moving force behind the officers' decision to enter the home without a warrant.

Deorle v. Rutherford

272 F.3d 1272 (9th Cir. 2001) · Nov 19, 2001

A deputy sheriff who shot an unarmed, emotionally disturbed man in the face with a lead-filled beanbag round—without warning and while negotiators were en route—used excessive force in violation of the Fourth Amendment and was not entitled to qualified immunity, because no reasonable officer could have believed such force was lawful against a person who had committed no serious offense, posed no immediate threat, and had generally complied with police commands.

Atwater v. City of Lago Vista

532 U.S. 318 (2001) · Apr 24, 2001

The Fourth Amendment does not forbid a warrantless custodial arrest for a minor criminal offense — even a misdemeanor punishable only by a fine — as long as the officer has probable cause.

Texas DPS v. Petta

44 S.W.3d 575 (Tex. 2001) · Mar 29, 2001

Collateral estoppel barred a plaintiff's civil assault claims against a trooper where a criminal jury had already found beyond a reasonable doubt that the plaintiff did not reasonably believe she faced imminent harm from the trooper's actions; the Texas Department of Public Safety was entitled to sovereign immunity because the claims arose out of intentional torts excluded from the Tort Claims Act's waiver.

Piotrowski v. City of Houston

237 F.3d 567 (5th Cir. 2001) · Jan 8, 2001

To establish Monell liability in the Fifth Circuit, a plaintiff must show: (1) an official policy or widespread practice constituting a 'custom'; (2) a policymaker who can be charged with actual or constructive knowledge of the custom; and (3) a constitutional violation whose 'moving force' was the policy or custom.

Mendenhall v. Riser

213 F.3d 226 (5th Cir. 2000) · May 30, 2000

Officers who had arguable probable cause to arrest a suspect for murder were entitled to qualified immunity, even though the suspect was later exonerated at a preliminary hearing when another person confessed.

Snyder v. Trepagnier

142 F.3d 791 (5th Cir. 1998) · May 8, 1998

The city was not liable under Monell for the shooting of a fleeing suspect because the plaintiff failed to establish deliberate indifference or a causal link between the city's hiring, screening, or stress management policies and the constitutional violation; the officer was entitled to qualified immunity because the jury could reconcile findings of excessive force and qualified immunity based on the officer's reasonable but mistaken belief the suspect was armed.

Baker v. Putnal

75 F.3d 190 (5th Cir. 1996) · Feb 15, 1996

Summary judgment was improperly granted on an excessive force claim where genuine issues of material fact existed regarding whether a police officer's shooting of an unarmed man was objectively reasonable under the Fourth Amendment.

Shaw v. Stroud

13 F.3d 791 (4th Cir. 1994) · Jan 6, 1994

A police supervisor can be held liable under § 1983 for a subordinate's use of excessive force where the supervisor had actual or constructive knowledge of a pervasive pattern of misconduct, was deliberately indifferent to the risk, and there was an affirmative causal link between the supervisor's inaction and the constitutional injury.

Simpson v. State

886 S.W.2d 449 (Tex. App. 1994) · Jan 1, 1994

An officer had probable cause to arrest a suspect for public intoxication where the suspect was arguing violently in the middle of the street while showing signs of intoxication, and the cocaine found in a search incident to that lawful arrest was properly admitted.

Salas v. Carpenter

980 F.2d 299 (5th Cir. 1992) · Dec 16, 1992

A sheriff who commanded police efforts to free a hostage was entitled to qualified immunity where the hostage was killed by her abductor, because the plaintiff failed to state a claim for deprivation of constitutional rights arising from the failed rescue operation.

Fraire v. City of Arlington

957 F.2d 1268 (5th Cir. 1992) · Apr 10, 1992

A plainclothes officer who shot and killed a fleeing DWI suspect was entitled to qualified immunity where the suspect drove his truck at the officer, and the city was not liable under Monell absent specific evidence of a policy or custom causing the violation.

Pennsylvania v. Muniz

496 U.S. 582 (1990) · Jun 18, 1990

Routine booking questions do not constitute interrogation under Miranda, but a question designed to elicit a testimonial response revealing the suspect's mental state (such as asking the date of his sixth birthday) requires Miranda warnings.

City of Canton v. Harris

489 U.S. 378 (1989) · Feb 28, 1989

A municipality can be liable under § 1983 for failing to train its employees when the failure to train amounts to deliberate indifference to the constitutional rights of persons the employees encounter.

Kentucky v. Graham

473 U.S. 159 (1985) · Jun 28, 1985

Personal-capacity suits seek to hold an officer personally liable; official-capacity suits are really suits against the government entity itself — and fee liability under § 1988 runs with merits liability, not against non-parties.

Tennessee v. Garner

471 U.S. 1 (1985) · Mar 27, 1985

Police may not use deadly force to prevent the escape of a fleeing suspect unless the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.

Raley v. Fraser

747 F.2d 287 (5th Cir. 1984) · Nov 26, 1984

Where an officer used four choke holds and caused bruises and scrapes during an arrest for public intoxication, the force constituted assault and battery under state law but did not rise to the level of a Section 1983 excessive force violation under then-existing precedent requiring severe injuries.

McKinley v. City of Eloy

705 F.2d 1110 (9th Cir. 1983) · May 9, 1983

The Ninth Circuit held that a municipality can be liable under § 1983 for inadequate police training and supervision that amounts to deliberate indifference, and that officers' use of deadly force was constitutionally excessive where the suspect did not pose an immediate threat.

United States v. Tinkle

655 F.2d 617 (5th Cir. 1981) · Sep 8, 1981

Addressed Fourth Amendment suppression issues involving firearms and statements seized during and after arrests of defendants charged with conspiracy to obstruct communication of information to ATF investigators and to injure an informant.