An appeals court on Tuesday announced it sided with a federal judge who dismissed a lawsuit against Salt Lake City and an officer who shot and killed an unarmed man outside a convenience store in 2014.
Like U.S. District Judge David Nuffer, the 10th Circuit Court of Appeals’ majority opinion determined Officer Bron Cruz acted reasonably under the circumstances in shooting Dillon Taylor and reaffirmed the officer’s qualified immunity, according to the 68-page opinion.
Cruz shot Taylor twice on Aug. 11, 2014, after someone called police to report Hispanic men who “flashed a gun.” Cruz and two other officers found Taylor and two men outside a 7-Eleven near 2100 South and State Street.
When Cruz confronted Taylor and told him to stop and show his hands, Taylor didn’t respond.
Instead, video shows, he kept his hands in his pants and tried to walk away. When Taylor did turn around and pull out his hands, Cruz shot him twice. Taylor didn’t have a gun and was wearing headphones, attached to a phone in his pocket, when he was killed.
The 10th Circuit judges based their decision on Supreme Court precedent that says officers must act reasonably in their “split-second judgments” about whether to shoot someone — and that officers, judges wrote, “need not wait until they see the gun’s barrel or the knife’s blade before using deadly force to protect themselves or those around them.”
“A reasonable officer could well conclude that Mr. Taylor’s drawing motion was hostile and that he sought to use a firearm against Officer Cruz or the other officers,” the court wrote, “even though this risk assessment ultimately proved to be mistaken.”
In a dissent, Senior Circuit Judge Carlos F. Lucero denounced both the district and appellate court’s decisions. He said he would reverse the decision and remand the case for a jury trial.
“Dillon had a phone, a Snickers bar, and a nickel in his pocket — not a gun,” Lucero wrote. “Officer Cruz had no basis to believe otherwise.”
Taylor’s family filed the lawsuit in October 2015, just more than a year after Taylor, 20, was killed. They first alleged wrongful death, denial of family association and excessive force claims, but later dropped all but the excessive force claims in August 2017. Salt Lake City and Cruz later asked for the judge to dismiss the case.
In May 2019, Nuffer granted that request and dismissed the remaining claims with prejudice, meaning the lawsuit couldn’t be filed again. He also granted Cruz qualified immunity.
Lawyers for Taylor’s family appealed to the 10th Circuit Court.
Attorneys for Taylor’s family argued in their appeal that the “only crime” Taylor and the two men were accused of when police were called was “being...Hispanic and young,” according to the 10th Circuit document. They asked the court to “provide clear direction to the district courts that shooting unarmed men and women of color will not be objectively reasonable under most circumstances.”
The appellate court’s opinion states that the 911 call indicated “a misdemeanor or a felony — or it could have been no crime at all.” They rejected to look at racial bias as part of the “objective-reasonableness analysis.”
The majority of the court believes Cruz, “reasonably perceived that Mr. Taylor posed an immediate, mortal threat to his safety or the safety of others.”
Lucero, in his dissent, wondered if his colleagues watched the same video as him.
“Today, this court at once invades the province of the jury to resolve disputes of material fact and,” he wrote, “disregards decades of Supreme Court precedent when it bends over backward to draw all possible inferences in favor of Officer Cruz.”
The Salt Lake Tribune will update this developing story.
from The Salt Lake Tribune https://ift.tt/3pUjoST
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