Rogers Vann v. City of Southaven
Opinion
*309
Treating the petition for rehearing
en banc
as a petition for panel rehearing, the petition for panel rehearing is GRANTED. The panel opinion,
Vann v. City of Southaven
,
This lawsuit arises from the death of Jeremy W. Vann, who was shot and killed by police in a retail parking lot in Southaven, Mississippi during a small-scale drug sting operation. During the encounter, Vann was shot by two officers, Sergeant Jeff Logan and Lieutenant Jordan Jones. Plaintiff sued the officers involved and the City of Southaven under
"This court reviews de novo the district court's resolution of legal issues on a motion for summary judgment on the basis of qualified immunity."
Hanks v. Rogers
,
"A qualified immunity defense alters the usual summary judgment burden of proof. Once an official pleads the defense, the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official's allegedly wrongful conduct violated clearly established law."
Hanks
,
With respect to Jones, one of the two officers who shot Vann, it is undisputed that Jones shot Vann after his colleague, Logan, was knocked to the ground by Vann's car and as Vann's car approached Logan for a second time. Under these circumstances, Jones's use of force did not violate clearly established law.
With respect to Logan, the other officer who shot Vann, even assuming
arguendo
that Logan used excessive force, the question then becomes, was there law that put Logan on notice that shooting in the situation presented violated the constitution? It is the plaintiff's burden to find a case in his favor that does not define the law at a "high level of generality."
Cass v. City of Abilene
,
Accordingly, we AFFIRM the district court's grant of summary judgment to Jones, Logan, Yoakum, and Long. In addition, finding no error in the district court's analysis regarding the City, we AFFIRM the district court's grant of summary judgment to the City of Southaven.
The City and the officers were and continue to be represented by the same counsel in single briefs and motions.
Reference
- Full Case Name
- Rogers VANN, as Personal Representative and on Behalf of the Wrongful Death Beneficiaries of Jeremy W. Vann, Plaintiff-Appellant, v. CITY OF SOUTHAVEN, MISSISSIPPI; Lieutenant Jordan Jones, Individually and in His Official Capacity as a Police Officer; Sergeant Brett Yoakum, Individually and in His Official Capacity as a Police Officer; Police Chief Tom Long, Individually and in His Official Capacity as a Police Officer and Chief of Police; Sergeant Jeff Logan, Individually and in His Official Capacity as a Police Officer, Defendants-Appellees.
- Cited By
- 121 cases
- Status
- Published