The last Section 1983 Litigation column (Feb. 17, 2015) focused on the Fourth Amendment objective reasonableness standard that governs the constitutionality of police use of deadly force. In this column we turn to specific litigation issues likely to arise in a 42 U.S.C. §1983 action for damages against a law enforcement officer who allegedly employed unconstitutional deadly force. While some of the issues discussed also arise in other Section 1983 Fourth Amendment cases, some are unique to deadly force actions.
When a §1983 plaintiff seeks damages against a law enforcement officer in his or her individual capacity based upon a claimed violation of Fourth Amendment rights, whether it be from an unconstitutional arrest, search, or use of excessive force, the officer’s attorney is likely to move for summary judgment based upon qualified immunity. This holds true in §1983 actions alleging an officer’s unconstitutional use of deadly force.
