Thomas E. Terrell, Et Alv.Steve Smith
After police encountered Aaron Zylstra in a parked car, Zylstra initially appeared to comply with commands but then returned to the vehicle and attempted to drive away. Accepting a passenger’s account as favorable to the plaintiffs, the Eleventh Circuit stated that Officer Steve Smith ran alongside the moving vehicle, repeatedly ordered Zylstra to stop, and was struck by the vehicle’s door and frame before firing two shots that killed Zylstra. Zylstra’s parents and estate representative sued under § 1983 and Florida’s wrongful-death statute, alleging excessive force; the district court denied Smith qualified immunity. The Eleventh Circuit reversed. It held that the traffic stop was lawful, Zylstra’s continued flight after being ordered to stop constituted a felony under Florida law, and the vehicle’s movement toward Smith created probable cause to believe it posed a threat of serious harm. Under the objective-reasonableness standard, Smith’s use of deadly force did not violate the Fourth Amendment. The court separately held that existing precedent did not clearly establish that the shooting was unlawful under these particular circumstances, which independently supported qualified immunity. The case was reversed and remanded for further proceedings.
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