Appeals Court Rejects Reasonable Use of Force Claim

A police officer who fatally shot an armed man in 2023 cannot claim qualified immunity, according to an April 2026 Fourth Circuit Court of Appeals decision.

On a Saturday afternoon in July 2023, a 34-year-old man attempted to break into homes in Wycliff Court after being released from a hospital during a mental health crisis.

The first responding Chesterfield officer saw the man in a resident’s yard with a hatchet in his right hand. The officer immediately drew her firearm and told the man to drop the hatchet. A few seconds later, a second officer arrived. He also drew his firearm and told the man to drop the hatchet.

The first officer transitioned from a firearm to a taser. After the man refused to comply with numerous verbal commands and continued to wield the hatchet, the first officer tased him, but it was not effective. Officers again commanded him to drop the hatchet before using deadly force.

One officer, identified as Gordon J. Painter, shot at him multiple times. Ultimately, the man dropped the hatchet and fell to the ground a few feet from Adkins Road.

“Neither the allegations in the complaint nor the body camera video indicates that Byers ever moved toward the officers with the hatchet once he began backing away from them,” the appeals court said. “Similarly, neither the allegations nor the video suggests that Byers took any action to throw the hatchet at the officers or to use it in another threatening manner.”

Approximately twenty-five feet separated the suspect from the nearest officer. “Given that distance, and the absence of any preceding furtive or threatening movements, we conclude that Byers did not pose an immediate threat to the officers,” the court added.

Qualified Immunity

This doctrine, which is also called official immunity or sovereign immunity, protects government officials, including police officers, from liability if they injure someone during the performance of official duties.

Once upon a time, sovereign immunity was a complete bar to injury lawsuits in these situations. However, most states, including Virginia, have waived their sovereign immunity in some cases. Many people would like to eliminate the doctrine altogether. More on that below.

The injury must be more than de minimis. Extremely minor (de minimis) injuries include burning eyes due to pepper spray, wrist injuries due to overly tight handcuffs, and physical injuries that only require first aid.

If the injury was more than de minimis, and the officer’s response was reckless (grossly disproportionate to the threat), qualified immunity doesn’t apply. Other factors to consider include the physical environment, such as the distance between the suspect and officer, whether the officer reasonably feared for his/her safety, and the necessity to protect other people.

A Leesburg criminal defense lawyer must also point to a previous case with nearly identical facts in which qualified immunity didn’t apply.

What Happens if Qualified Immunity is Removed?

Some Leesburg criminal defense lawyers argue that the last vestiges of qualified immunity should be removed.

They predict that victims and their families would no longer face the nearly impossible burden of finding a clearly established prior court case. Moreover, courts would be forced to rule on whether a constitutional violation actually occurred, creating a much clearer body of legal guidelines for government agencies.

Opponents point to financial concerns. Police departments usually indemnify officers. So, if an officer is hit with a civil judgment, taxpayers foot the bill. Law enforcement advocates and some analysts also warn that, without immunity, officers may hesitate to act in volatile, split-second situations, leading to ineffective policing and/or a drop in recruitment and retention.

On balance, we believe that qualified immunity fairly balances the interests of accused police officers and injured victims.

Work With a Diligent Loudoun County Lawyer

Many criminal charges don’t hold up in court. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia and Maryland.

Source:

ca4.uscourts.gov/opinions/251058.P.pdf