oct 18, 2007 - Hastings v. Barnes

Description:

Suicidal Todd Hasting was killed when approached by City of Owasso Police Officers Michael Barnes and Shane Davis. Clint Hastings, Todd's brother, filed a suit against Barnes and Davis. Todd Hastings was killed after Todd called Family and Children Services in Tulsa, Oklahoma expressing thoughts of suicide. The worker contacted the Psychiatric emergency services who then contacted the police. Once the police arrived at his home they approached his door with weapon and pepper-spray drawn, knowing Todd was non-violent and unarmed. Todd opened the door to the officers acting nervous, and insisted he needed his shoes. Fearing he was going to retreat into the house the officer stuck his foot into the door and hence Todd slammed the door and went into his own home, he also grabbed a Samurai sword. Todd eventually picked up the phone and talked to someone, the conversation of which the officers could not hear, although Davis claimed he heard Todd say "Help me" or "They are coming to get me". While Todd was talking on the phone or putting it down, it is unknown, Barnes attempted to get him to drop the sword by pepper-spraying him in the face, which normally blinds people. Todd was not blinded and moved towards the officers holding the sword. Officers Barnes and Davis shot him, although Yerton did not.
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"In concluding the law was clearly established, the district court relied on Graham, Allen and Sevier. Because this case is not an "obvious" one, Graham, alone does not clearly establish the unlawfulness of Barnes and Davis' conduct. Brosseau, 543 U.S. at 199, 125 S.Ct. 596. Nevertheless, we conclude the unreasonableness of Barnes and Davis' actions was clearly established by Allen and Sevier. "

L. O'BRIEN, TERRENCE. “Hastings v. Barnes.” Legal Research Tools from Casetext, 18 Oct. 2007, casetext.com/case/hastings-v-barnes.


https://casetext.com/case/hastings-v-barnes

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