In Williams v. City of Sparks, published August 9, 2024, the 9th Circuit Court of Appeals reversed the district court's denial of summary judgment in a 42 U.S.C. section 1983 case. When officers responded to a report of larceny at a gas station, the plaintiff got into his truck and led officers on a high-speed chase. During the chase, the suspect drove over 70 mph, drove through a chain-link fence, briefly drove the wrong way on a freeway, drove through red lights, and drove at police vehicles, colliding with three. The plaintiff's vehicle eventually came to a stop with a patrol vehicle wedged under the vehicle, pinning it against another police vehicle. The plaintiff's truck's engine then made a loud, continuous noise, and a cloud of dirt and debris formed near the back. An officer's dash cam showed the truck's wheels spinning. Officers exited their cars and shouted orders at the truck, including to stop the truck, as they fired multiple rounds into the truck cab for 14 seconds. Several bullets struck the plaintiff, who eventually left the cab. He sued the officers for alleged use of excessive force. The district court denied summary judgment based on qualified immunity, finding a genuine issue of fact on whether the plaintiff was trying to accelerate the truck due to the cloud obscuring the back of the truck during the shooting.
The 9th Circuit ruled that the video showed that the tires were spinning as the engine sounded, establishing that the plaintiff was tryin to accelerate. Because that video evidence contradicted the plaintiff's denial that he was accelerating, it had to be accepted as true for purposes of summary judgment. Based on that evidence, and the plaintiff's conduct during the chase, the use of deadly force was objectively reasonable due to the threat the suspect posed and the threat that he would escape and continue to pose a threat of harm. The length of the gunfire did not render the use unreasonable; once deadly force is reasonable to use, an officer need not stop firing until the threat is ended. The court exercised its right to exercise jurisdiction over the plaintiff's Monell and Nevada state law claims, and ruled that the officers and city were entitled to summary judgment against all claims.
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