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Torrey Thompsonv.Joshua Bailey

CourtCourt of Appeals of Georgia
Docket No.A12A1420
DecidedNovember 19, 2012
JudgesCourt of Appeals of Georgia
Tags
CivilCivil RightsConstitutional LawGovernment LawTort LawFourth AmendmentSection 1983Qualified ImmunityOfficial ImmunitySummary Judgment
Case Summary

Torrey Thompson, a DeKalb County police officer, shot Lorenzo Matthews during a nighttime encounter after Matthews emerged from an apartment holding an object officers believed might be a weapon. Matthews ran toward a wooded area, and Thompson continued firing even though Matthews never turned toward him, fired at him, or threatened him; no weapon was found. Matthews’s child and estate representative sued Thompson under 42 U.S.C. § 1983 and state law. The Georgia Court of Appeals held that the evidence created a jury question on whether Thompson’s use of deadly force was objectively reasonable under the Fourth Amendment. Because a jury could find that Matthews posed no immediate threat when Thompson resumed firing, Thompson was not entitled to qualified immunity on summary judgment. The same factual dispute defeated his official-immunity and self-defense defenses to the state-law claims. The Court affirmed the denial of Thompson’s motion for summary judgment. The companion claim against DeKalb County was separately reversed because the record did not establish municipal deliberate indifference or a constitutionally deficient training policy.

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