City and Police Officers Granted Summary Judgment on Fatal Shooting by Law Enforcement Officers
Dan Hartzog, Jr. obtained summary judgment in a police shooting case in favor of two city police officers who responded to reports of a shooting at a residence. While the two officers were investigating the scene, Plaintiff drove his vehicle in a reckless and dangerous manner in the direction of the officers. Both officers fired their weapons at the driver, who was fatally injured as a result. Plaintiff alleged that the fatal shots were fired into the side of the vehicle and after it had passed the officer, and that the officers were not in any actual danger when the use of force occurred. The Court found that the officers acted reasonably under the circumstances, due to the threat to their safety resulting from the Plaintiff’s actions.