Sanzone v. Gray

Indianapolis police received a report that Koster was vomiting and having trouble breathing. Koster’s apartment-complex manager gave responders keys to Koster’s apartment in case Koster could not answer the door. Officer Murphy unlocked the door. Koster yelled: “Don’t come in!” and “I will shoot you." Koster was sitting in bed with a gun in his hand, swallowing pills. Murphy tried to convince him to put down the gun. SWAT members arrived. Koster asked to speak with his medical advocate, but the negotiator said that would be too dangerous while Koster held the gun. Koster asked for his brother, an Indianapolis officer. Someone left him a voicemail. Koster declared that he would “fire a warning shot” and pointed his gun at the officers. One officer fired a beanbag round. Officer Gray fired three bullets at Koster’s head; two hit him. Koster died at a trauma center. In a suit under 42 U.S.C. 1983, the officers raised a qualified-immunity defense, The district judge granted summary judgment to Murphy but not Gray, reasoning that a reasonable officer would have believed that Koster’s immediate detention was necessary in order for him to receive medical attention and assistance, but that Gray used greater force than was reasonable because he did not take cover or wait for the less-lethal option. The Seventh Circuit reversed, finding that Gray did not violate Koster’s Fourth Amendment right by defending himself and other officers once Koster pointed a gun. View "Sanzone v. Gray" on Justia Law