DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181430P.pdf 10/15/2020 Davdrin Goffin v. Robbie Ashcraft
U.S. Court of Appeals Case No: 18-1430
U.S. District Court for the Western District of Arkansas - El Dorado
[PUBLISHED] [Kobes, Author, with Smith, Chief Judge, and Kelly, Circuit
Judges]
Civil case - Civil rights. The officer who shot plaintiff is entitled to
qualified immunity on the facts presented as it was not clearly
established that after observing a pat down search that finds and removes
nothing from the suspect who an officer reasonably believed was armed and
dangerous, an officer cannot use lethal force when that suspect flees and
moves as though reaching for a weapon; nor was this the rare obvious case
in which the unlawfulness of the officer's conduct is sufficiently clear
even though existing precedent does not address similar circumstances.
Chief Judge Smith, concurring. Judge Kelly, dissenting.