Mildred Robinson v. Daniel Arrugueta, 415 F.3d 1252 (11th Cir. 2005). · Go Syfert
Mildred Robinson v. Daniel Arrugueta, 415 F.3d 1252 (11th Cir. 2005). Cases Citing This Book View Copy Cite
“even if in hindsight the facts show that perhaps could have escaped unharmed, we conclude that a reasonable officer could have perceived that was using the as a deadly weapon.”
265 citation events (265 in the last 25 years) across 19 distinct courts.
Strongest positive: James Ryan Singletary v. Juan Vargas (ca11, 2015-10-29)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) James Ryan Singletary v. Juan Vargas (5×) also: Cited as authority (rule), Cited "see"
11th Cir. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
even if in hindsight the facts show that perhaps could have escaped unharmed, we conclude that a reasonable officer could have perceived that was using the as a deadly weapon.
discussed Cited as authority (verbatim quote) Lelieve v. Oroso (2×) also: Cited as authority (rule)
S.D. Fla. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
material issues of disputed facts do not foreclose the grant or denial of summary judgment based on qualified immunity.
discussed Cited as authority (rule) Nicholas Bolton v. Sheriff of Coweta County, GA (2×) also: Cited "see"
11th Cir. · 2026 · confidence medium
Similarly, in Robinson v. Arrugueta, we held an officer’s shoot- ing was objectively reasonable when the suspect was driving to- ward the officer “at a likely speed of around one to two miles per hour” because the officer was standing a few feet from the suspect’s vehicle and had only seconds to react. 415 F.3d 1252, 1254, 1256 (11th Cir. 2005).
examined Cited as authority (rule) Kimberley Diane Settle v. David Collier (3×)
11th Cir. · 2025 · confidence medium
In Robinson v. Arrugueta, we declined to hold an officer to the benefit of hindsight that he “per- haps could have escaped unharmed.” 415 F.3d 1252, 1256 (11th Cir. 2005).
discussed Cited as authority (rule) MERCER v. YOUGHN
M.D. Ga. · 2025 · confidence medium
Wuenschel v. Brown, 12 F.4th 1291 , 1298 (11th Cir. 2021) (finding officer reasonably perceived his life was in danger when suspect shifted vehicle into reverse and started backing up toward officer) (citing cases); see also Pace v. Capobianco, 283 F.3d 1275 , 1277–78, 1281–82 (11th Cir. 2002) (holding officers reasonably used deadly force to stop a suspect whom they had cornered after a high-speed chase and who refused to get out of his car, kept the engine running, and started driving forward); Robinson v. Arrugueta, 415 F.3d 1252, 1254, 1256 (11th Cir. 2005) (holding that an officer rea…
examined Cited as authority (rule) Tammy Watkins v. Officer Lawrence Davis (3×)
11th Cir. · 2025 · confidence medium
See Baxter v. San- tiago-Miranda, 121 F.4th 873 (11th Cir. 2024); Terrell v. Smith, 668 F.3d 1244, 1253 (11th Cir. 2012); McCullough, 559 F.3d at 1208 ; Sin- gletary v. Vargas, 804 F.3d 1174 , 1182–83 (11th Cir. 2015); Troupe, 419 F.3d at 1168 ; Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005); Pace v. Capobianco, 283 F.3d 1275, 1282 (11th Cir. 2002); Clemons v. Knight, 662 F. App’x 725, 728 (11th Cir. 2016) (per curiam) (unpublished).
discussed Cited as authority (rule) Logan v. Hughes
N.D. Ala. · 2025 · confidence medium
Swinford, 121 F.4th at 190 ; see Pipkins v. City of Hoover, Alabama, 134 F.4th 1163, 1173 (11th Cir. 2025) (“The feasibility of a warning is dependent on many variables, two of which are the proximity of the danger to the officer or others and the time available to the officer.”); Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005) (upholding the use of deadly force against a person who was driving a car towards the officer where, “[a]t the most, [Officer] Arrugueta had only 2.72 seconds to react to what he perceived as a threat of using physical harm from Walters.”).
discussed Cited as authority (rule) April Pipkins v. City of Hoover, Alabama
11th Cir. · 2025 · confidence medium
See, e.g., Salvato v. Miley, 790 F.3d 1286, 1293 (11th Cir. 2015) (holding that an of- ficer’s use of deadly force was excessive because the suspect was “retreating, apparently unarmed, and outside of striking range”); Robinson v. Arrugueta, 415 F.3d 1252,1256 (11th Cir. 2005) (uphold- ing the use of deadly force against a person who was driving a car towards the officer: “At the most, [Officer] Arrugueta had only 2.72 seconds to react to what he perceived as a threat of using physical harm from Walters.”).
discussed Cited as authority (rule) April Pipkins v. City of Hoover, Alabama
11th Cir. · 2025 · confidence medium
See, e.g., Salvato v. Miley, 790 F.3d 1286, 1293 (11th Cir. 2015) (holding that an of- ficer’s use of deadly force was excessive because the suspect was “retreating, apparently unarmed, and outside of striking range”); Robinson v. Arrugueta, 415 F.3d 1252,1256 (11th Cir. 2005) (uphold- ing the use of deadly force against a person who was driving a car towards the officer: “At the most, [Officer] Arrugueta had only 2.72 seconds to react to what he perceived as a threat of using physical harm from Walters.”).
discussed Cited as authority (rule) Dorey v. Hartmann
M.D. Fla. · 2025 · confidence medium
See Stephens v. DeGiovanni, 852 F.3d 1298, 1324 (11th Cir. 2017) (citations omitted); Baltimore v. City of Albany, 183 F. App’x 891, 895, 897 (11th Cir. 2006) (ruling that when reviewing a claim of qualified immunity on summary judgment, the court . . . examines the “plaintiff’s best case before it,” taking all plaintiff’s facts as true except what is “affirmatively contradicted” (quoting Robinson v. Arrugueta, 415 F.3d 1252, 1257 (11th Cir. 2005)).
cited Cited as authority (rule) Donna Tealer v. R. Byars
11th Cir. · 2025 · confidence medium
The court will not always have to analyze both steps; if no constitutional violation occurs, “the inquiry ends there.” Robinson v. Arrugueta, 415 F.3d 1252, 1255 (11th Cir. 2005).
cited Cited as authority (rule) David Tealer v. R. Byars
11th Cir. · 2025 · confidence medium
The court will not always have to analyze both steps; if no constitutional violation occurs, “the inquiry ends there.” Robinson v. Arrugueta, 415 F.3d 1252, 1255 (11th Cir. 2005).
examined Cited as authority (rule) Veronica Baxter v. Carson Hendren (3×) also: Cited "see"
11th Cir. · 2024 · confidence medium
It is “reasonable, and therefore constitutionally permissible, for an officer to use deadly force when he has ‘probable cause to believe that his own life is in peril.’” Singletary v. Vargas, 804 F.3d 1174, 1181 (11th Cir. 2015) (quoting Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005)).
cited Cited as authority (rule) Jayne Swinford v. Joshua Santos
11th Cir. · 2024 · confidence medium
Hunter v. Leeds, 941 F.3d 1265 , 1279 (11th Cir. 2019) (emphasis added) (quoting Robinson v. Arrugueta, 415 F.3d 1252, 1255 (11th Cir. 2005)).
discussed Cited as authority (rule) STRUM v. THE CONSOLIDATED GOVERNMENT OF COLUMBUS COUNTY
M.D. Ga. · 2024 · confidence medium
Deadly force is only reasonable under the Fourth Amendment "when an officer (1) has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others or that he has committed a crime involving the infliction or threatened infliction of serious physical harm; (2) reasonably believes that the use of deadly force was necessary to prevent escape; and (3) has given some warning about the possible use of deadly force, if feasible." Id. (quoting Robinson v. Arrugueta, 415 F.3d 1252, 1255 (11th Cir. 2005)).
discussed Cited as authority (rule) Jerry Nelson v. Keyvon Sellers
11th Cir. · 2024 · confidence medium
“We review de novo a district court’s grant of summary judgment, applying the same standard that bound the district court and viewing the evidence and all reasonable inferences in the light most favorable to [Nelson’s estate].” Rodriguez v. Sec’y for Dep’t of Corr., 508 F.3d 611 , 616 (11th Cir. 2007) (citing Drago v. Jenne, 453 USCA11 Case: 22-14205 Document: 37-1 Date Filed: 01/05/2024 Page: 20 of 37 2 Abudu, J., Concurring 22- 14205 F.3d 1301 , 1305 (11th Cir. 2006)). “[Then], [w]ith the plaintiff’s best case in hand, the court is able to move to the question of whether the …
discussed Cited as authority (rule) Jerry Nelson v. Keyvon Sellers
11th Cir. · 2024 · confidence medium
“We review de novo a district court’s grant of summary judgment, applying the same standard that bound the district court and viewing the evidence and all reasonable inferences in the light most favorable to [Nelson’s estate].” Rodriguez v. Sec’y for Dep’t of Corr., 508 F.3d 611 , 616 (11th Cir. 2007) (citing Drago v. Jenne, 453 USCA11 Case: 22-14205 Document: 37-1 Date Filed: 01/05/2024 Page: 20 of 37 2 Abudu, J., Concurring 22- 14205 F.3d 1301 , 1305 (11th Cir. 2006)). “[Then], [w]ith the plaintiff’s best case in hand, the court is able to move to the question of whether the …
discussed Cited as authority (rule) Jerry Nelson v. Keyvon Sellers
11th Cir. · 2024 · confidence medium
“We review de novo a district court’s grant of summary judgment, applying the same standard that bound the district court and viewing the evidence and all reasonable inferences in the light most favorable to [Nelson’s estate].” Rodriguez v. Sec’y for Dep’t of Corr., 508 F.3d 611 , 616 (11th Cir. 2007) (citing Drago v. Jenne, 453 USCA11 Case: 22-14205 Document: 37-1 Date Filed: 01/05/2024 Page: 20 of 37 2 Abudu, J., Concurring 22- 14205 F.3d 1301 , 1305 (11th Cir. 2006)). “[Then], [w]ith the plaintiff’s best case in hand, the court is able to move to the question of whether the …
discussed Cited as authority (rule) Naji v. Dearborn, City of
E.D. Mich. · 2023 · confidence medium
Team could have escaped unharmed); Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005) (holding that an Officer’s decision to shoot within a reaction time of 2.72 seconds was reasonable, even if hindsight showed that the officer could have escaped unharmed); Pace v. Capobianco, 283 F.3d 1275, 1282 (11th Cir. 2002) (justifying use of deadly force in the “very few seconds” after a serious threat had subsided); McLenagan v. Karnes, 27 F.3d 1002 , 1007–08 (4th Cir. 1994) (justifying the use of deadly force against an unarmed, handcuffed suspect when an officer reasonably believed t…
discussed Cited as authority (rule) William Robert Leonard v. Christian Silva (2×) also: Cited "see"
11th Cir. · 2023 · confidence medium
The court cited Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005), which states it is “constitutionally reasonable for an officer to use deadly force when he has probable cause to believe that his own life is in peril.” The court noted the following undisputed facts: (1) the 911 calls and BWC footage reflect Hospital staff telling dispatch and several BSO deputies that Randall was armed with a pencil and glass and threat- ening to stab people—with one 911 caller adding that Randall was attempting to stab people—and this in- formation was conveyed to Sergeant Silva; (2) Ran-…
discussed Cited as authority (rule) Woods v. Reeve
S.D. Fla. · 2023 · confidence medium
Cnty. v. Rettele, 550 U.S. 609, 616 (2007) (“When officers execute a valid warrant and act in a reasonable manner to protect themselves from harm . . . the Fourth Amendment is not violated.”); Singletary v. Vargas, 804 F.3d 1174, 1181 (11th Cir. 2015) (“[I]t is reasonable, and therefore constitutionally permissible, for an officer to use deadly force when he has ‘probable cause to believe that his own life is in peril.’” (quoting Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005)).
discussed Cited as authority (rule) Martinez Verde v. Pasco County Sheriff's Department
M.D. Fla. · 2023 · confidence medium
During a qualified immunity analysis at the summary judgment stage, the Court “must take the facts in the light most favorable to the party asserting the injury.” Robison v. Arugueta, 415 F.3d 1252, 1257 (11th Cir. 2005).
discussed Cited as authority (rule) Hernandez v. Pasco County Sheriff's Department
M.D. Fla. · 2023 · confidence medium
During a qualified immunity analysis at the summary judgment stage, the Court “must take the facts in the light most favorable to the party asserting the injury.” Robison v. Arugueta, 415 F.3d 1252, 1257 (11th Cir. 2005).
discussed Cited as authority (rule) Bonett v. Gualtieri
M.D. Fla. · 2022 · confidence medium
Robinson v. Arrugueta, 415 F.3d 1252, 1257 (11th Cir. 2005); see Golston by Golston v. Vance, 789 F. App’x 845 , 847 (11th Cir. 2020) (“But when a defendant raises qualified immunity, a district court cannot simply deny that defendant’s summary judgment motion because the facts are disputed.”).
cited Cited as authority (rule) Paul Donald Davis v. Paul Waller
11th Cir. · 2022 · confidence medium
Walters v. Arrugueta, USCA11 Case: 21-11333 Date Filed: 08/12/2022 Page: 11 of 37 21-11333 Opinion of the Court 11 415 F.3d 1252, 1256 (11th Cir. 2005)).
discussed Cited as authority (rule) Guerrero v. City of Coral Gables (2×) also: Cited "see"
S.D. Fla. · 2022 · confidence medium
“Overcoming the official’s qualified-immunity defense requires a plaintiff to establish both that the officer’s conduct violated a constitutionally protected right and that the right was clearly established at the time of the misconduct.” Id. (citing Pearson v. Callahan, 555 U.S. 223, 232 (2009); Grider v. City of Auburn, 618 F.3d 1240, 1254 (11th Cir. 2010)). “[W]hen conducting a qualified immunity analysis, district courts must take the facts in the light most favorable to the party asserting the injury.” Robinson v. Arrugueta, 415 F.3d 1252, 1257 (11th Cir. 2005).
discussed Cited as authority (rule) Rincon v. Village of Palmetto Bay
S.D. Fla. · 2022 · confidence medium
Garczynski, 573 F.3d at 1167 (citation omitted). “[I]t is reasonable, and therefore constitutionally permissible, for an officer to use deadly force when he has ‘probable cause to believe that his own life is in peril.’” Singletary v. Vargas, 804 F.3d 1174, 1181 (11th Cir. 2015) (quoting Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005)).
discussed Cited as authority (rule) Robinson v. City of Huntsville
N.D. Ala. · 2021 · confidence medium
The case law holds otherwise, and binding precedent instructs that “it is [] constitutionally reasonable for an officer to use deadly force when he has probable cause to believe that his own life is in peril.” Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005).
cited Cited as authority (rule) WEST v. DOUGHERTY COUNTY
M.D. Ga. · 2021 · confidence medium
When a district court considers the record in this light, it eliminates all issues of fact.” Robinson v. Arrugueta, 415 F.3d 1252, 1257 (11th Cir. 2005).
discussed Cited as authority (rule) Turk v. Crytzer
M.D. Fla. · 2021 · confidence medium
Additionally, the Eleventh Circuit has instructed that: When considering qualified immunity on a defendant's motion for summary judgment, we consider the record in the light most favorable to the plaintiff, eliminating all issues of fact. “ ‘By approaching the record in this way, the court has the plaintiff's best case before it.... [M]aterial issues of disputed fact are not a factor in the court's analysis of qualified immunity and cannot foreclose the grant or denial of summary judgment based on qualified immunity[.]’ ” Penley v. Eslinger, 605 F.3d 843, 848 (11th Cir. 2010) (quoting …
examined Cited as authority (rule) Hunter Tillis v. Allan H. Brown, Jr. (3×) also: Cited "see"
11th Cir. · 2021 · confidence medium
Likewise, in Robinson v. Arrugueta, we held that an officer reasonably used deadly force when a suspect started driving toward him at one to two miles per hour, threatening to crush him against another car in a matter of seconds. 415 F.3d 1252, 1254, 1256 (11th Cir. 2005).
discussed Cited as authority (rule) Haney v. PGA Tour, Inc.
S.D. Fla. · 2021 · confidence medium
See Davis v. Williams, 451 F.3d 759, 763 (11th Cir. 2006); Robinson v. Arrugueta, 415 F.3d 1252, 1257 (11th Cir. 2005). 2 The Court cites to the pagination generated by the the Court’s CM /ECF system rather than the pagination of the documents themselves.
cited Cited as authority (rule) Boneta v. American Medical Systems, Inc.
S.D. Fla. · 2021 · confidence medium
See Davis v. Williams, 451 F.3d 759, 263 (11th Cir. 2006); Robinson v. Arrugueta, 415 F.3d 1252, 1257 (11th Cir. 2005).
discussed Cited as authority (rule) Anderson v. Ivey (2×) also: Cited "see"
M.D. Fla. · 2021 · confidence medium
He also contends that “material issues of disputed fact are not a factor in the court’s analysis of qualified immunity.” (Id. at 18 (quoting Robinson v. Arrugueta, 415 F.3d 1252, 1257 (11th Cir. 2005)).
discussed Cited as authority (rule) Bushrod v. District of Columbia
D.D.C. · 2021 · confidence medium
Plumhoff, 572 U.S. at 770 . 26 The 25 See, e.g., Vann v. City of Southaven, Mississippi, 884 F.3d 307, 310 (5th Cir. 2018) (per curiam) (ruling deadly force reasonable where it was “undisputed that [the officer] shot [the suspect] after his colleague, [another officer], was knocked to the ground by [the suspect]’s car and as [the] car approached [the other officer] for a second time”); Clark v. Bowcutt, 675 F. App’x 799, 810 (10th Cir. 2017) (finding deadly force reasonable where it was “beyond peradventure that [the suspect] was making hostile motions with his weapon—i.e., his car…
discussed Cited as authority (rule) L. T. v. Smyrna Police Lt. Kenneth Owens
11th Cir. · 2020 · confidence medium
See Singletary v. Vargas, 804 F.3d 1174, 1184 (11th Cir. 2015) (“[I]t is well established that an officer may constitutionally use deadly force when his life is threatened by a car that is being used as a deadly weapon.”); Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005) (upholding an officer’s use of deadly force against a suspect who slowly—at one or two miles per hour—drove a vehicle toward the officer as he stood between the suspect’s vehicle and a parked car).
discussed Cited as authority (rule) Carlos Ivan Vincente-Abad v. Timothy Sonnenberg
11th Cir. · 2020 · confidence medium
But, “[t]hough the facts must be taken in the light most favorable to [Vicente- Abad], the determination of reasonableness must be made from the perspective of the officer.” Robinson v. Arrugueta, 415 F.3d 1252, 1255 (11th Cir. 2005).
discussed Cited as authority (rule) Than Orn v. City of Tacoma
9th Cir. · 2020 · confidence medium
See Thomas v. Durastanti, 607 F.3d 655, 665 (10th Cir. 2010); Hathaway v. Bazany, 507 F.3d 312, 322 (5th Cir. 2007); Troupe v. Sarasota County, 419 F.3d 1160, 1168 (11th Cir. 2005); Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005).
discussed Cited as authority (rule) TILLIS v. CONSOLIDATED GOVERNMENT OF COLUMBUS, GEORGIA
M.D. Ga. · 2019 · confidence medium
Deadly force is only reasonable for purposes of the Fourth Amendment if the officer “(1) has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others or that he has committed a crime involving the infliction or threatened infliction of serious physical harm; (2) reasonably believes that the use of deadly force was necessary to prevent escape; and (3) has given some warning about the possible use of deadly force, if feasible.” Id. at 1279 (quoting Robinson v. Arrugueta, 415 F.3d 1252, 1255 (11th Cir. 2005)).
cited Cited as authority (rule) Ronald Hunter, Jr. v. Leeds, City of
11th Cir. · 2019 · confidence medium
Robinson v. Arrugueta, 415 F.3d 1252, 1255 (11th Cir. 2005) (internal quotation marks omitted).
discussed Cited as authority (rule) Tresa Brown v. Chris Nocco
11th Cir. · 2019 · confidence medium
By considering the record in this light in a qualified immunity case, the court “eliminates all issues of fact” and “has the plaintiff’s best case before it.” Robinson v. Arrugueta, 415 F.3d 1252, 1257 (11th Cir. 2005).
cited Cited as authority (rule) Donnett M. Taffe v. Gerald E. Wengert
11th Cir. · 2019 · confidence medium
“If the conduct did not 9 Case: 18-10776 Date Filed: 05/17/2019 Page: 10 of 19 violate a constitutional right, the inquiry ends there.” Robinson v. Arrugueta, 415 F.3d 1252, 1255 (11th Cir. 2005).
discussed Cited as authority (rule) Jacqueline M. Spencer v. City of Orlando, Florida (2×) also: Cited "see"
11th Cir. · 2018 · confidence medium
Indeed, we have “consistently upheld an officer’s use of force and granted qualified immunity in cases where the decedent used or threatened to use his car as a weapon to endanger officers or civilians immediately preceding the officer’s use of deadly force.” McCullough v. Antolini, 559 F.3d 1201, 1207 (11th Cir. 2009) (officers’ use of deadly force not unreasonable after suspect drove in threatening manner even though original traffic stop was only for excessive window tint). 8 Case: 16-15533 Date Filed: 03/01/2018 Page: 9 of 13 What we have said before in similar circumstances appl…
discussed Cited as authority (rule) Justin Hammett v. Paulding County, Georgia (2×)
11th Cir. · 2017 · confidence medium
“We have held that it is reasonable, and therefore constitutionally permissible, for an officer to use deadly force when he has ‘probable cause to believe that his own life is in peril.’” Id. (quoting Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005)); see also Morton v. Kirkwood, 707 F.3d 1276, 1281 (11th Cir. 2013) (“In the deadly force context, we have observed that a police officer may constitutionally use deadly force when the officer . . . has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others . . . .…
cited Cited as authority (rule) Andres Gregory v. Miami-Dade County, Florida
11th Cir. · 2017 · confidence medium
Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005); McCormick v. City of Ft.
cited Cited as authority (rule) George Dagnesses v. Target Media Partners
11th Cir. · 2017 · confidence medium
“We review the district court’s grant of summary judgment de novo, drawing all inferences in [the non-movant’s] favor.” Robinson v. Arrugueta, 415 F.3d 1252, 1254-55 (11th Cir. 2005).
discussed Cited as authority (rule) Jason C. Turk v. Timothy J. Bergman
11th Cir. · 2017 · confidence medium
See Graham v. Connor, 490 U.S. 386, 396-97 , 109 S.Ct. 1865, 1871-72 , 104 L.Ed.2d 443 (1989) (setting forth the objective-reasonableness test for the use of excessive force); Robinson v. Arrugueta, 415 F.3d 1252, 1255 (11th Cir. 2005) (same).
discussed Cited as authority (rule) Amy Young v. Gary S. Borders (2×)
11th Cir. · 2017 · confidence medium
Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005); McCormick v. City of Ft.
discussed Cited as authority (rule) Lena Williams v. Jeffery Deal
11th Cir. · 2016 · confidence medium
It is “constitutionally permissible ... for an officer to use deadly force when he has ‘probable cause to believe that his own life is in peril.’ ” Singletary, 804 F.3d at 1181 (quoting Robinson v. Arrugueta, 415 F.3d 1252, 1256 (11th Cir. 2005)).
discussed Cited as authority (rule) Patricia Juanita Wate v. Kenneth Kubler
11th Cir. · 2016 · confidence medium
When considering qualified immunity on a defendants motion for summary judgment, we consider the record in the light most favorable to the plaintiff, eliminating all issues of fact. ‘“By approaching the record in this way, the court has the plaintiffs best case before it.... [M]aterial issues of disputed fact are not a factor in the court’s analysis of qualified immunity and cannot foreclose the grant or denial of summary judgment based on qualified immunity[.]’ ” Penley v. Eslinger, 605 F.3d 843, 848 (11th Cir. 2010) (quoting Robinson v. Arrugueta, 415 F.3d 1252, 1257 (11th Cir. 200…
Retrieving the full opinion text from the archive…
Mildred ROBINSON, Individually, and on Behalf of and as Next Friend to Steven Walters, Jr., Sean Paul Walters, Anthony Walters, and Jabhari Walters, Minor Children of Decedent, Steven Walters, Plaintiff-Appellant,
v.
Daniel ARRUGUETA, Brian M. Sullivan, Kevin Hartmann, Rick Vazquez, Donald L. Titus, Et Al., Defendants-Appellees
04-10856.
Court of Appeals for the Eleventh Circuit.
Jul 7, 2005.
415 F.3d 1252
Christopher A. Haddad, Law Office of Christopher A. Haddad, P.A., Cary Edward Klein, West Palm Beach, FL, for Robinson., Alonzo Harrison Long, U.S. Atty., Atlanta, GA, John Custer Jones, State Law Dept., Atlanta, GA, Michelle Lynn Thomas, William J. Linkous, III, DeKalb County Law Dept., Decatur, GA, for Defendants-Appellees.
Edmondson, Tjoflat, Kravitch.
Cited by 135 opinions  |  Published
Pinpoint authority: bottom 56%
KRAVITCH, Circuit Judge:

Plaintiff-appellant Mildred Robinson, as next-of-kin of Steven Walters, deceased, and on behalf of Walters’s minor children, appeals the district court’s grant of summary judgment in favor of Daniel Arrugueta, a law enforcement officer, in her action alleging use of excessive force resulting in Walters’s death.

I.

The relevant facts and procedural history are as follows. Members of the Atlanta High Intensity Drug Trafficking Area (“HIDTA”) Task Force arrested two individuals on June 6, 2001 near a parking lot on Ponce de Leon Avenue (“Ponce”) in Atlanta for selling nine ounces of heroin to an undercover agent. One of the suspects agreed to cooperate by assisting the agents in apprehending his suppliers. He arranged to meet his suppliers later that[*1254] day, under the pretense of delivering the funds he received from the sale of heroin.

That afternoon, the HIDTA agents gathered by a doughnut shop on Ponce where the delivery was to take place. The cooperating suspect identified a Ford Escort carrying three passengers as the vehicle in which his suppliers were driving. Arrugueta, a special agent employed by the Immigration and Naturalization Service, followed the Escort in an unmarked vehicle. The Escort drove past the doughnut shop, made a U-turn, and then stopped three to four feet behind a civilian car waiting at a traffic light on the corner of Ponce and Argonne Avenue. The driver of the vehicle and a passenger then exited the Escort and began walking toward the doughnut shop. All units converged upon them. Both suspects were arrested promptly thereafter.

Walters, the remaining suspect who apparently had also exited the Escort and then re-entered, was sitting somewhere in between the front right passenger seat and the driver’s seat. [1] Arrugueta had exited his car and stood in between the Escort and the car in front of it. The distance between Arrugueta and the Escort was only two to four feet at the most. Arrugueta pointed his gun at Walters, verbally identified himself as “Police,” and told him to put his hands up. Walters made eye contact with Arrugueta, but defied the order to raise his hands. Instead, Walters grinned at Arrugueta as the Escort slowly began to move forward at a likely speed of around one to two miles per hour. Thus, Arrugueta had, at most, 2.72 seconds to react before getting crushed between the two cars. [2] As Arrugueta tried to get out of the way of the moving car, he shot Walters through the windshield. The Escort stopped immediately thereafter. Walters was then removed from the car and given medical attention. The paramedics were not able to save him.

Walters’s mother, Mildred Robinson, brought suit in the district court as Walters’s next-of-kin and on behalf of Walters’s minor children. Robinson’s complaint contained seven different Counts. Count I of the complaint alleged that Arrugueta violated Walters’s Fourth Amendment rights by unreasonably using deadly force in violation of Bivens v. Six Unknown Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). [3] Arrugueta moved for summary judgment as to Count I arguing the claim was barred on qualified immunity grounds. See Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). The district court granted Arrugueta’s motion. Robinson now appeals.

II.

A. Standard of Review

We review the district court’s grant of summary judgment de novo, drawing all[*1255] inferences in favor of Robinson. Korman v. HBC Fla., Inc., 182 F.3d 1291, 1293 (11th Cir.1999).

B. Grant of Qualified Immunity

In Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 2156, 150 L.Ed.2d 272 (2001), the Supreme Court set out a two-step analysis to determine whether an officer is eligible for qualified immunity. The first step is to determine whether the facts “[t]aken in the light most favorable to the party asserting the injury, ... show the officer’s conduct violated a constitutional right[.]” Id. If the conduct did not violate a constitutional right, the inquiry ends there. If the conduct violated a constitutional right, a court must move on to the second step and determine “whether the right was clearly established.” Id. Under the first step, the district court found that Arrugueta had violated Walters’s Fourth Amendment right to be free from excessive force. The court found, however, that under the second step the right violated was not clearly established and thus Arrugueta was entitled to qualified immunity.

We first examine whether the district court correctly found that Arrugueta’s conduct violated a constitutional right. The Fourth Amendment protects individuals from “unreasonable” seizures. Deadly force is “reasonable” for the purposes of the Fourth Amendment when an officer “(1) ‘has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others’ or ‘that he has committed a crime involving the infliction or threatened infliction of serious physical harm;’ (2) reasonably believes that the use of deadly force was necessary to prevent escape; and (3) has given some warning about the possible use of deadly force, if feasible.” Vaughan v. Cox, 343 F.3d 1323, 1329-30 (11th Cir.2003) (quoting Tennessee v. Garner, 471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985)); see also Crosby v. Monroe County, 394 F.3d 1328, 1333 (11th Cir.2004) (“the ‘reasonableness’ inquiry in an excessive force case is an objective one: the question is whether the officer’s actions are ‘objectively reasonable’ in light of the facts and circumstances confronting him, without regard to his underlying intent or motivation.”).

The district court relied on the following facts, taken in the light most favorable to Robinson, in making its determination that Arrugueta’s conduct violated the Fourth Amendment: (1) at the time of the shooting, Walters was in between the passenger’s seat and the driver’s seat, (2) the car was rolling slowly downhill, and (3) Arrugueta could have avoided the vehicle by stepping aside.

Though the facts must be taken in the light most favorable to Robinson, the determination of reasonableness must be made from the perspective of the officer.

The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight ... The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments— in circumstances that are tense, uncertain, and rapidly evolving — about the amount of force that is necessary in a particular situation.

Menuel v. City of Atlanta, 25 F.3d 990, 996 (11th Cir.1994), quoting Graham v. Connor, 490 U.S. 386, 396-97, 109 S.Ct. 1865, 1872, 104 L.Ed.2d 443 (1989).

The law existing in Georgia at the time of this incident instructed that a car driven in a threatening manner can be considered a deadly weapon. Webb v. [*1256] State, 256 Ga.App. 653, 654, 569 S.Ed.2d 596, 597 (2002) (“[0]ne who aims a motor vehicle at another person may be convicted of aggravated assault regardless of whether the victim sustained any injuries or was even touched by the vehicle.”)- Furthermore, under Georgia law, a law enforcement officer is justified in using deadly force to prevent death or great injury to himself/herself or to third parties. See O.C.G.A. §§ 16-3-23 and 17-4-20.

Here, Arrugueta was standing in a narrow space between the two vehicles, Walters was disobeying Arrugueta’s orders to put his hands up, the Escort was suddenly moving forward and Arrugueta had to make a split-second decision of whether he could escape before he got crushed. At the most, Arrugueta had only 2.72 seconds to react to what he perceived as a threat of serious physical harm from Walters.

Our precedent instructs us to take into account that “[r]econsideration [after the uncertainty and the excitement of the moment have passed] will nearly always reveal that something different could have been done if ... the future [was known] before it occurred.” Carr v. Tatangelo, 338 F.3d 1259, 1270 (11th Cir.2003). Even if in hindsight the facts show that Arrugueta perhaps could have escaped unharmed, we conclude that a reasonable officer could have perceived that Walters was using the Escort as a deadly weapon. Arrugueta had probable cause to believe that Walters posed a threat of serious physical harm.

In the ease of Brosseau v. Haugen, — U.S.-, 125 S.Ct. 596, 600, 160 L.Ed.2d 583 (2004) the Supreme Court held that it was objectively reasonable for Officer Brosseau to use deadly force against a suspect in an attempt to prevent the suspect’s escape and potential harm to others. Here, Arrugueta perceived that Walters was attempting to crush him and endanger his life. Because it is constitutionally reasonable for an officer to use deadly force when a suspect is threatening escape and possible harm to others, it is also constitutionally reasonable for an officer to use deadly force when he has probable cause to believe that his own life is in peril. [4] Thus, we conclude that Arrugueta is entitled to qualified immunity under the first step of the Saucier analysis.

Even though our inquiry ends at the first step of the analysis, we note that the district court was correct in finding that, under the second step, the law was not clearly established, and thus, Arrugueta is entitled to qualified immunity under this step as well. See Vaughan, 343 F.3d at 1332; see also Brosseau, 125 S.Ct. at 599 (“Qualified immunity shields an officer from suit when she makes a decision that, even if constitutionally deficient, reasonably misapprehends the law governing the circumstances she confronted.”).

Robinson argues that the law is clearly established in this area. See Garner, 471 U.S. at 12, 105 S.Ct. at 1701 (“Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so.”). Robinson contends that Walters posed no immediate threat to Arrugueta because the Escort was moving slowly and Arrugueta had enough time to get out of the Escort’s way. The Supreme Court, however has emphasized that the inquiry into whether the law is clearly established “must be undertaken in light of the specific context of the case, not as a broad[*1257] general proposition.” Brosseau, 125 S.Ct. at 599, quoting Saucier, 533 U.S. at 201, 121 S.Ct. 2151. We conclude that, at the time of the shooting, no clearly defined preexisting law would have indicated to Arrugueta that his use of force under this specific factual situation was unlawful.

C. Material Issues of Disputed Facts Do Not Foreclose the Grant or Denial of Summary Judgment Based on Qualified Immunity

Robinson contends that genuine issues of material fact exist concerning the events that led Arrugueta to fire his gun and, therefore, Arrugueta, is not entitled to summary judgment on the ground of qualified immunity. The Supreme Court has instructed, however, that “[t]o deny summary judgment any time a material issue of fact remains on the excessive force claim-could undermine the goal of qualified immunity to ‘avoid excessive disruption of government and permit the resolution of many insubstantial claims on summary judgment.’ ” Saucier, 533 U.S. at 202, 121 S.Ct. 2151 (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). [5]

When conducting a qualified immunity analysis, district courts must take the facts in the light most favorable to the party asserting the injury. Saucier, 533 U.S. at 201, 121 S.Ct. 2151. When a district court considers the record in this light, it eliminates all issues of fact. By approaching the record in this way, the court has the plaintiffs best case before it. With the plaintiffs best case in hand, the court is able to move to the question of whether the defendant committed the constitutional violation alleged in the complaint without having to assess any facts in dispute. Thus, because material issues of disputed fact are not a factor in the court’s analysis of qualified immunity and cannot foreclose the grant or denial of summary judgment based on qualified immunity; we decline to entertain Robinson’s arguments concerning the allegedly disputed facts.

III.

For the foregoing reasons, we AFFIRM the district court’s grant of summary judgment to Arrugueta based on qualified immunity.

1

. The district court judge found, for the purposes of the qualified immunity analysis, that Walters was sitting between the driver’s and passenger’s seat. The majority of the witnesses, however, placed him directly in the driver’s seat.

2

. One mile equals 5,280 feet. There are 3,600 seconds in an hour. 5,280 ft. h- 3,600 s. = 1.47 ft./s. If the vehicle could move 4 feet at the most towards him before he was crushed, then he had 2.72 seconds (i.e. 4 ft. 1.47 ft./s. = 2.72 s.) to react.

3

. This appeal only concerns Count I of the complaint. Count II alleged that Arrugueta and the other HIDTA agents conspired to deprive Walters of his Fourth Amendment rights. Counts III and IV asserted claims under 42 U.S.C. § 1983 against the HIDTA agents who were employed by state and local enforcement agencies. Counts V, VI, and VII asserted claims against the United States under the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq. The district court either dismissed or granted summary judgment in favor of the defendants on all of these counts.

4

. Brosseau is a recent opinion, which the district court judge did not have the benefit of relying upon when deciding this case.

5

. We note that qualified immunity is "immunity from suit rather than a mere defense to liability.” Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S.Ct. 2806, 2815, 86 L.Ed.2d 411 (1985). "[The] important purposes of qualified immunity are thwarted if a case is erroneously permitted to go to trial.” Harrell v. Decatur County, Ga., 22 F.3d 1570, 1578 (11th Cir.1994) (Dubina, J. dissenting) vacated by 41 F.3d 1494 (11th Cir.1995) (adopting Judge Dubina’s dissenting opinion). The purpose of qualified immunity is to ensure that officials are not deterred or distracted from carrying out their official duties because of fear of a later lawsuit. Id.