17 juill. 1997 - Allen v. Muskogee

Description:

U.S. Court of Appeals, Tenth Circuit

Summary:
Terry Allen fled his home for his sister’s after he fought with his wife and children. Police were informed that Allen was armed, and later received a call from his sister stating he was threatening suicide. Lt. Donald Smith and officer Bentley McDonald arrived at Allen’s sister’s home and attempted to remove him from his car and confiscate his gun. Allen responded by pointing his gun at a third officer, prompting Lt. Smith and officer Bentley to fire twelve shots at Allen. Four shots made contact with Allen, and he died from his wounds. Marilyn Allen, husband of Terry Allen, asserts that her husband’s death at the hands of Lt. Smith and Officer McDonald violated his Fourth Amendment rights.

Decision:
The officers acted with objective reasonableness due to the immediate threat Allen posed, but it is possible that a jury may find the actions of the officers leading up to the shooting contributed to the use of force.

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