What happened
The Seventh Circuit on Thursday affirmed a win for Elgin, Illinois, police officers and the city in Mace Davis' Fourth Amendment excessive-force suit, holding that Davis did not point to clearly established law showing the officers' use of nonlethal impact rounds during a standoff was unconstitutional.
Davis sued after officers shot him four times with nonlethal ammunition while responding to reports that he had threatened his ex-wife and her nephew with what appeared to be a rifle. The panel said the case turned on qualified immunity, not on a broad ruling approving every use of force in similar circumstances.
Writing for the panel, Circuit Judge Michael Y. Scudder said Davis failed to carry his burden to show a clearly established right against the particular use of force. Davis relied mainly on Phillips v. Community Insurance Corp., a Seventh Circuit impact-weapon case, but the court said, "Phillips is nothing like this case."
The panel emphasized that officers had reason to prevent Davis from going back into the house, including concern that he might retrieve a weapon. The opinion also distinguished Davis from Phillips because Davis was responsive, walking around and verbally abusive, while Phillips involved an intoxicated person who was not actively resisting arrest.
The court said the officers were responding to information that Davis had made gun threats earlier in the day, had knives during the standoff, had threatened suicide and had made threats to officers. Taken together, the panel concluded, Davis had not shown that existing precedent placed the alleged constitutional violation beyond debate.
Davis' claim against the City of Elgin also failed. The panel said his appellate brief argued only that the officers acted unconstitutionally and did not advance a theory of liability that could reach the city.