Johnnie Williams v. Lance Corporal Kyle Strickland
Opinion
Johnnie Williams brought suit under
I.
On June 29, 2012, Williams drove from Georgia to South Carolina to visit a relative. His six-year-old son was with him. When Williams and his son arrived in South Carolina, they stopped at a gas station. There, Williams ran into an acquaintance, Anthony Ancrum, who needed a ride to his apartment. Ancrum's apartment complex was nearby, and Williams offered to drive him.
On the way to the apartment complex, Williams crossed paths with Officer Heroux, who was on duty in a patrol car. Heroux ran Williams's license plate through dispatch and learned that the plate had been stolen. He followed Williams into the parking lot of the apartment complex, where he turned on his blue lights. In response, Williams pulled into a parking space. Heroux got out to approach him. Two other officers, Kyle Strickland and Walter Criddle, arrived on the scene.
What happened over the next several seconds forms the heart of this appeal. When Heroux was about ten feet from Williams's car, Williams shifted the car into reverse and cut the wheel, causing the front end of the car to swivel in Heroux's direction. Heroux, believing himself to be in danger, stepped back and drew his gun. At the same time, Strickland started walking toward Williams's car. Williams then put the car in drive, straightened out, and drove toward Strickland.
Heroux and Strickland opened fire on the car. Crucially, it is not clear-at this stage-how far Williams got before Heroux and Strickland started shooting. He may have been headed toward Strickland. He may have been passing by Strickland, such that Strickland was alongside the car and out of the car's trajectory. Or he may have already driven past Strickland, such that Strickland, like Heroux, was behind the car.
One of Heroux's shots hit Williams in the back. 1 Williams lost control of the car and crashed into a tree. He was airlifted to the hospital for emergency surgery, after which he was placed in a medically induced coma. Despite several subsequent surgeries, Williams has, among other things, "lost the full and proper function of his bowels, lungs, and other bodily systems." J.A. 45.
Years later, Williams was charged with three counts of assault and battery related to the incident. He pleaded guilty. As part of his plea deal, he admitted that he had deliberately rotated the car in Heroux's direction and that he had driven towards Strickland. Notably, Williams also agreed as part of his plea deal that the officers had started shooting only after his car had driven past them.
In 2015, Williams filed a § 1983 suit against Strickland, Heroux, and other defendants who are no longer parties to the action. He alleged that by firing on him during the course of his arrest, the officers had subjected him to excessive force, violating his rights under the Fourth Amendment.
After discovery, Strickland and Heroux each moved for summary judgment on the basis of qualified immunity. In relevant part, the officers argued that they were entitled to summary judgment because the undisputed facts showed that they had not violated Williams's clearly established rights. More specifically, they argued that when they opened fire on Williams, they believed that Williams was about to hit Strickland with his car; under those circumstances-according to the officers-Williams had no clearly established right to be free from the use of deadly force.
The district court denied the officers' motion. The court determined that a reasonable jury, viewing the evidence in the light most favorable to Williams, could conclude that when the officers discharged their weapons, Williams's car was either (a) in the process of passing Strickland or (b) already past Strickland. According to the district court, if either (a) or (b) were true, then the officers' use of deadly force would have violated rights that we clearly established in
Waterman v. Batton
,
II.
Our first task here is to determine whether, and to what extent, we may subject the district court's order to appellate review. Generally, our jurisdiction is limited to final decisions of the district court.
A district court's denial of summary judgment on the basis of qualified immunity is a collateral order and therefore subject to immediate appellate review, despite being interlocutory.
Iko v. Shreve
,
What this amounts to is: We may review the portion of the district court's order denying Strickland and Heroux's motions for summary judgment on the basis of qualified immunity. But our review may reach only one question: would the officers be entitled to qualified immunity if a jury concluded that they had fired on Williams when they were no longer in the trajectory of Williams's car? We turn to that question now.
III.
Qualified immunity "protects government officials from liability for violations of constitutional rights that were not clearly established at the time of the challenged conduct."
Iko
,
A.
The Fourth Amendment prohibits law enforcement officers from using excessive force to make a seizure.
Jones v. Buchanan
,
Because deadly force is extraordinarily intrusive, it takes a lot for it to be reasonable.
See
Tennessee v. Garner
,
Over a decade ago, we applied these principles when deciding
Waterman v. Batton
, a case that bears striking similarities to the one at hand. There, we held that officers who used deadly force against the driver of a car had not violated the Fourth Amendment when, in the aftermath of a high-speed chase (during which the driver had reportedly tried to run an officer off the road), the officers were standing in or immediately adjacent to the car's forward trajectory, and the car "lurched forward" and "began to accelerate," such that the officers reasonably believed that the car was going to run them over "in approximately one second."
Following Waterman , we have no difficulty concluding that if Strickland and Heroux started or continued to fire on Williams after they were no longer in the trajectory of Williams's car, they violated Williams's Fourth Amendment right to freedom from excessive force. 6
B.
Despite having violated a plaintiff's constitutional right, defendants may be entitled to immunity from the plaintiff's suit for damages if, at the time of the violation, the plaintiff's right was not "clearly established."
Williamson v. Stirling
,
The "clearly established" inquiry has some important guideposts. On the one hand, the Supreme Court instructs us "not to define clearly established law at a high level of generality."
Plumhoff v. Rickard
,
That said, the instant case requires no subtle line-drawing: The right that the officers allegedly violated falls well within the ambit of clearly established law. When we decided
Waterman
, in 2005, we clearly established that (1) law enforcement officers may-under certain conditions-be justified in using deadly force against the driver of a car when they are in the car's trajectory and have reason to believe that the driver will imminently and intentionally run over them, but (2) the same officers violate the Fourth Amendment if they employ deadly force against the driver once they are no longer in the car's trajectory.
To summarize: A reasonable jury could conclude that Strickland and Heroux acted in a way that, as a matter of law, violated Williams's clearly established federal rights-specifically, his Fourth Amendment right to freedom from excessive force. Therefore, the officers are not entitled to summary judgment on the basis of qualified immunity, and the district court correctly denied their motions.
IV.
For the foregoing reasons, the judgment of the district court is
AFFIRMED.
Ancrum, too, was injured, but he is not party to this action.
We note that Heroux brings an additional appeal, separate from Strickland. Below, Heroux moved for summary judgment on the ground that Williams's claim against him was untimely. The district court denied his motion. He asks us to reverse. But a denial of summary judgment on statute-of-limitations grounds is an interlocutory order, and in general, such orders are not immediately appealable.
Cf.
Martin Marietta Corp. v. Gould, Inc.
,
This is not to say that we are strictly confined to the four corners of the district court's order: we may assume some facts when the district court does not explicitly state them, provided that we draw all inferences in the plaintiff's favor.
See
Smith v. Ray
,
We do not need to answer these questions in sequence.
Pearson v. Callahan
,
Nothing in the record or the parties' briefs suggests that Williams posed a significant threat to anyone but the officers at any point during the encounter at issue; therefore, there is no need for us to consider the "or others" portion of the standard.
We note that this conclusion is consistent with our opinion in
Krein v. Price
,
Reference
- Full Case Name
- Johnnie WILLIAMS, Plaintiff-Appellee, and Son Odarious Williams, Plaintiff v. Lance Corporal Kyle STRICKLAND, Defendant-Appellant and Cpl Heroux; Sgt Walter Criddle; Beaufort County Sheriff Office; Raymond S. Heroux, Defendants. Johnnie Williams, Plaintiff-Appellee, and Son Odarious Williams, Plaintiff, v. Raymond S. Heroux, Defendant-Appellant, and Cpl Heroux; Sgt Walter Criddle; Beaufort County Sheriff Office; Lance Corporal Kyle Strickland, Defendants.
- Cited By
- 85 cases
- Status
- Published