POLICE Magazine

JUN 2019

Magazine for police and law enforcement

Issue link: https://policemag.epubxp.com/i/1129771

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Page 110 of 124

Steck 108 P O L I C E J U N E 2 019 • e officers conducted an improper stop and frisk of omas; • e officers used excessive force when they shot omas; • e officers violated omas' 14th Amendment protections by showing deliberate indifference to omas' shooting injuries; and • State assault and battery and wrong- ful death claims. e trial court denied the defendant officer's motion for qualified immunity with respect to the stop-and-frisk claim and also denied Ohio statutory immu- nity for the assault-and-battery claim. e trial court determined that the jury could find that the officer lacked reasonable suspicion for the Terry Stop and, therefore, the force used during the initial stop was not defensible under Ohio law. With respect to the claims re- lated to the shooting, the court granted the officer's qualified immunity and state immunity claims finding that the use of deadly force was justified un- der the circumstances. e court also dismissed the deliberate indifference claim finding that the officers provided reasonable medical care. Both Wilkerson and the defendant officer appealed the trial court's ruling. 6TH CIRCUIT FINDINGS As you can see from the trial court's rul- ing, there are two parallel issues going on in this case. e first issue involves the Terry Stop and use of force by the officers to attempt to control omas during that initial stop. e second issue involves Of- ficer Danzy's use of deadly force follow- ing the struggle and apparent attempts by omas to use his weapon. e 6th Circuit provides us with a split decision in this case: e 6th Circuit agreed with the tri- al court, finding that the use of dead- ly force by the defendant officer was reasonable under the circumstances. Just before the officer fired, the officers were struggling with a suspect who was apparently armed and a shot was dis- charged and, therefore it was reason- able for the officer to believe the suspect posed an immediate threat to both of- ficers. e appellate court also agreed with the trial court that the officers took reasonable actions to provide medical aid following the shooting. However, the appellate court also agreed with the trial court concerning the initial stop and the use of non-le- thal force during that stop. As we know, we do not need reasonable suspicion or Unlock Cars Fast! Unlock Cars Fast! Unlock Cars Fast! No Damage to Vehicles! No Training Needed! Public Safety Kit #32911 – New Price: $59.95 POINT OF L AW Once the citizen's liberty is restrained or we prevent the citizen from walking away, we need reasonable suspicion that a crime is or has been committed.

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