TERESA ANN HENSLEY, as relator on behalf of the State of North Carolina, and as Administrator of the Estate of David Lee Hensley; H.H., a minor, by and through her parent and next friend; RACHELLE FERGUSON, Individually, and as relator on behalf of the State of North Carolina, Plaintiffs - Appellees, v. MICHAEL SCOTT PRICE, Individually and in his Official Capacity as Lieutenant of Haywood County Sheriff's Department; KEITH ALLEN BEASLEY, Individually and in his Official Capacity as Deputy Sheriff of Haywood County Sheriff's Department; WEST AMERICAN INSURANCE COMPANY, Corporate Surety on the official bond of the Sheriff of Haywood County; THE OHIO CASUALTY INSURANCE COMPANY, Corporate Surety on the official bond of the Sheriff of Haywood County, Defendants - Appellants, and BOBBY R SUTTLES, Individually and in his Official Capacity as former Sheriff of Haywood County; JOHN DOE, #1; JOHN DOE, #2; LARRY BRYSON; DAVID MITCHELL, Defendants., 876 F.3d 573
Summary
HOLDINGS: [1]-The district court properly entered a summary judgment order denying deputies qualified immunity on plaintiffs' § 1983 Fourth Amendment excessive force claim. If a jury were to credit the plaintiffs' evidence, it could conclude that the decedent never raised his gun, never threatened the deputies, and never received a warning command. In that circumstance, the deputies were not in any immediate danger and were not entitled to shoot the decedent. Under those circumstances, the deputies were not entitled to qualified immunity; [2]-The district court correctly concluded that plaintiffs' assault claim could proceed as a matter of law. The facts taken in the light most favorable to the plaintiffs showed that the deputies' conduct was not objectively reasonable; [3]-The deputies were not entitled to public official immunity under North Carolina law.