Weinmann v. McClone

After an argument with his wife on their wedding anniversary, Jerome Weinmann went to his garage, drank half a bottle of vodka, and put the barrel of a shotgun in his mouth. He was unable to pull the trigger. Susan Weinmann called 911 for help. The officer who responded, Deputy McClone, shot Jerome four times. Jerome survived and sued McClone under 42 U.S.C. 1983 for using unconstitutionally excessive force. McClone invoked qualified immunity, but the district court refused to grant summary judgment in his favor on that basis. The Eighth Circuit affirmed, noting that McClone had decided to kick in the door within three minutes of arriving and did not attempt to communicate with Jerome before entering, so he did not have a reasonable belief that Jerome posed a threat. View "Weinmann v. McClone" on Justia Law