The Court of Appeals for the Fourth Circuit rejected the shield of qualified immunity for five West Virginia police officers involved in the March 2013 shooting of 50-year-old Wayne A. Jones.
Circuit Judge Henry Franklin Floyd‘s ruling was quickly recognized by some as “extraordinary,”.
The Judge began by recounting facts about the night Jones was shot and killed by police in Martinsburg, West Virginia. Wayne Jones’s estate filed suit against the city of Martinsburg and five police officers: Erik Herb, Daniel North, William Staubs, Paul Lehman, and Eric Neely.
After years-long litigations, the Circuit Court ruled that the District Court “erred by holding that the officers are protected by qualified immunity.” Further stating “ it was clearly established that law enforcement may not constitutionally use force against a secured, incapacitated person—let alone use deadly force against that person.”
To summarize, Jones had a knife, but he was secured and incapacitated when the officers opened fire.
Qualified immunity is a controversial legal doctrine that shields government officials from civil liability for actions performed within their official capacity. The exception is when those actions violate “clearly established” constitutional rights.
The killing of George Floyd by Minneapolis cops has drawn even more attention to the subject of qualified immunity and sparked widespread calls for police reforms more broadly. Concluding his opinion, Circuit Judge Floyd referenced the George Floyd case.
The Judge said, “ this has to stop.” He stated that it is unacceptable for law enforcement to have “ absolute immunity for fear-based use of deadly force”.
What follows is the actual dashcam footage of the incident from two separate cruisers. Viewer Discretion is strongly advised.
