Civil Right: §1983-Excessive Force-Qualified Immunity

Plaintiff, representative of Ricky Cobb’s estate, appealed the district court’s grant of defendants’ motion to dismiss. Defendants attempted to stop Cobb for driving without headlights. Cobb, who had a warrant, refused to exit his vehicle and instead put the car in drive. One of the defendants shot and killed Cobb. Plaintiff filed suit under §1983 for unreasonable seizure and excessive force. However, the district court concluded that defendants were entitled to qualified immunity.

Where defendants had reasonable suspicion to believe that Cobb was wanted, there was no error in extending the traffic stop, and Cobb’s decision to begin driving away in proximity to defendants constituted his use of a deadly weapon that justified defendants’ deployment of deadly force.

Judgment is affirmed.

Miller-Fields v. Londregan (MLW No. 85049/Case No. 24-3412 & 25-1170 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Kobes, J.) Appealed from U.S. District Court, District of Minnesota, Brasel, J. (Amy E. Willbanks, Columbia, SC for appellant; Frederick Clayton Tyler, Minneapolis, MN; Mario A. Pacella, Columbia, SC; and Bakari T. Sellers, Columbia, SC on the brief) (Christopher William Madel, Excelsior, MN and Anna L. Veit-Carter, former AAG, Minneapolis, MN for appellees; Todd L. Hennen, Excelsior, MN and Janine Wetzel Kimble, AAG, St. Paul, MN on the brief)