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Manis v. Lawson

The officer's use of deadly force did not violate the victim's Fourth Amendment rights; moreover, the officer is entitled to qualified immunity because his conduct was objectively reasonable. The police officer could have reasonably believed that the victim posed a threat of serious physical harm to himself or to others when the victim moved his arm out of the officer's sight and reasonably appeared to be reaching under his seat for a weapon. 5th U.S. Circuit Court of Appeals, No. 08-30987, 10-15-2009

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Published opinion

Before JONES, Chief Judge, and PRADO and HAYNES, Circuit Judges.

Police officer Douglass Zemlik (“Zemlik”) fatally shot Michael D. Manis, Jr., (“Manis”) while responding to a call that Manis’s vehicle was idling on railroad tracks at an intersection in Gretna, Louisiana. Manis’s surviving children brought a 42 U.S.C. § 1983 action alleging that Zemlik used excessive force in violation of the Fourth Amendment. The district court tersely denied Zemlik’s motion to sustain qualified immunity without a written explanation other than to conclude that material fact issues exist.*fn1 Zemlik has filed this interlocutory appeal. Because the material facts in this case are undisputed and do not establish a constitutional violation, we hold that summary judgment in favor of Zemlik is appropriate. Alternatively, even if Zemlik used excessive force, he is nonetheless entitled to qualified immunity because his conduct was not objectively unreasonable in light of the clearly established law at the time of his actions. We reverse and remand to the district court for entry of summary judgment.

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