City Of Tahlequah v. Bond

142 S. Ct. 9 (2021)

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Nature of the Case

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Facts

Dominic Rollice’s ex-wife, Joy, called 911. Rollice was in her garage, she explained, and he was intoxicated and would not leave. Joy requested police assistance; otherwise, “it’s going to get ugly real quick.” Officers Josh Girdner, Chase Reed, and Brandon Vick responded to the call. All three knew that Rollice was Joy’s ex-husband, was intoxicated, and would not leave her home. Joy met the officers and led them to the side entrance. The officers began speaking with Rollice in the doorway. Rollice feared he was going to be taken to jail. Officer Girdner told him that they were simply trying to get him a ride. Rollice began fidgeting with something in his hands. Rollice appeared nervous. Officer Girdner asked if he could pat Rollice for weapons. Rollice refused. Police body-camera video captured what happened next. As the conversation continued, Officer Girdner took one step toward the doorway, causing Rollice to take one step back. Rollice walked toward the back of the garage where his tools were hanging over a workbench. No officer was within six feet of Rollice. The officers ordered Rollice to stop. Rollice kept walking. He then grabbed a hammer and turned around to face the officers. Rollice grasped the handle of the hammer with both hands, as if preparing to swing a baseball bat, and pulled it up to shoulder level. The officers backed up, drawing their guns. The officers can be heard yelling at Rollice to drop the hammer. Rollice took a few steps to his right, then raised the hammer higher back behind his head and took a stance as if he was about to throw the hammer or charge at the officers. Officers Girdner and Vick fired their weapons, killing Rollice. Boyd (P), Rollice’s estate, filed suit under 42 U. S. C. §1983. The officers moved for summary judgment, both on the merits and on qualified immunity grounds. The district court held that the officers’ use of force was reasonable, it concluded, and even if not, qualified immunity prevented the case from going further. The Court of Appeals reversed. Precedent allows an officer to be held liable for a shooting that is objectively reasonable if the officer’s reckless or deliberate conduct created a situation requiring deadly force. As to qualified immunity, the Court concluded that several cases, most notably Allen v. Muskogee, clearly established that the officers’ conduct was unlawful. D appealed.