The case is Knibbs v. Momphard (4th Cir. 2022). Sadly, the Estate of Knibbs. This tells you how the incident ended.
The acts of the case:
1. After midnight, an unilluminated porch;
2. a sheriff's deputy announcing his presence with no other evidence
that he was actually an LEO (no lights illuminated on the car);
3. deputy claimed that the dead man aimed the shotgun at him (the coroner
said no, he did not);
The decision held that:
1. deputy did not enjoy qualified immunity;
2. "Racking a shotgun inside one’s home, without more, is no more
threatening than coming to the door with any other loaded firearm.
Indeed, any reasonable officer would presume that an individual carrying
a firearm has already loaded it."
This was an appeal from a summary judgment in favor of the deputy. This case goes back for a full trial to determine the facts in a somewhat more comprehensive manner.
Summary judgment means the judge has decided the facts and law are so clear that a full trial is not needed.
I have stated on several postings that got myself flamed that confronting ANY cop ANYWHERE for ANY reason is likely one of the most dangerous things a civilian can do. A very great many cops are quite legal killers. And some folks find that out the hard way.
ReplyDeleteIf you know it is a cop.
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