Estate of Lee v. City of Spokane
Court of Appeals of Washington
1Opinion of the CourtSweeney, J.
The estate and survivors of Elwood R. Lee brought federal and state tort claims against the City of Spokane and two individual police officers after Mr. Lee was fatally shot during a domestic violence incident. The issues presented by their 42 U.S.C. § 1983 action are governed by two separate legal standards. Whether police used excessive force in seizing Mr. Lee is judged by the Fourth Amendment objective reasonableness standard. Here, the police shot Mr. Lee after he pointed a rifle at one of the officers. We conclude that the officers’ conduct in effecting the seizure was objectively…
2Cases cited46 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Graham v. ConnorSupreme Court of the United States · 1989
- Anderson v. CreightonSupreme Court of the United States · 1987
- Warth v. SeldinSupreme Court of the United States · 1975
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3Cited by22 opinions
- Richardson v. McGriffCourt of Appeals of Maryland · 2000
- Randall v. PeacoCourt of Special Appeals of Maryland · 2007
- Stansfield v. Douglas CountyCourt of Appeals of Washington · 2001
- Nancy McGraw Individually and as the Personal Representative of the Estate of Kenneth Place, and Kenneth Place, Estate of v. United StatesCourt of Appeals for the Ninth Circuit · 2002
- Tortes v. King CountyCourt of Appeals of Washington · 2003
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