City and Police Officers Granted Summary Judgment on Fatal Shooting by Law Enforcement Officers

Dan Hartzog, Jr. obtained summary judgement in favor of defendants. This case involved two city police officers who responded to reports of a shooting at a residence. While the two officers were investigating the scene, Plaintiff, who had been staying at the residence, returned to the scene, driving his vehicle in a reckless and dangerous manner in the direction of the officers. After Plaintiff narrowly missed hitting both officers once, Plaintiff drove his vehicle directly towards one of the officers. Both officers fired their service weapons at the driver, who was fatally injured as a result. Plaintiff alleged that the fatal shots were fired into the side of the vehicle after it had passed the officer, and that the officers were not in any actual danger when the use of force occurred. The Court found that the officers acted reasonably under the circumstances, due to the threat to their safety resulting from the Plaintiff’s actions. As a result, the Court granted summary judgment on all claims in favor of defendants.