Wilkerson v Akron 6thCIR 15OCT2018

Wilkerson v Akron 6thCIR 15OCT2018

An off-duty LEO spots two suspicious people in his neighborhood and calls it in.  Two officers respond which leads to an encounter that starts with a Terry Stop and a Terry Frisk, followed by a tussle on the ground and a firearm discharging, and the suspect being shot twice as he runs away (eventually dying from his gunshot wounds).  This 42 USC 1983 civil suit against the officer is the result. The district court denied qualified immunity for the Terry Stop/Frisk, but granted qualified immunity for the use of deadly force by the officer.  The Eighth Circuit affirmed, holding the Terry Stop and Frisk was not supported by a “reasonable suspicion” under the facts as alleged.  The court also affirmed the granting of qualified immunity for the use of force based on the possession and discharge of the firearm by the suspect as he was resisting detention.

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