Dekalb Countyv.Joshua Bailey
Officer Torrey Thompson shot and killed Lorenzo Matthews during a nighttime encounter at a DeKalb County apartment complex. Matthews had pointed an object that witnesses said was a cell phone, and officers believed it might be a weapon; after Matthews ran toward the woods, Thompson continued firing even though Matthews never turned toward him, fired at him, or threatened him. Matthews’s child and estate representative sued Thompson and DeKalb County under 42 U.S.C. § 1983 and state law. The Georgia Court of Appeals held that factual disputes prevented summary judgment for Thompson on qualified immunity because the record could support a finding that Matthews posed no immediate threat when Thompson resumed firing. The same facts defeated official immunity and self-defense arguments at that stage. The Court reached the opposite result for DeKalb County. Evidence of nine prior unjustified shootings among roughly 1,000 officers was not sufficiently similar or substantial to show deliberate indifference, and the challenged training materials, read as a whole, did not establish an unconstitutional policy. The judgment was affirmed as to Thompson and reversed as to the County.
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