DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
193092P.pdf 05/27/2021 Johnny Banks v. Shelby Hawkins
U.S. Court of Appeals Case No: 19-3092
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Kelly, Author, with Wollman and Stras, Circuit Judges]
Civil Case - Civil Rights - qualified immunity. Denial of qualified
immunity to police officer who shot Banks in course of investigating
potential domestic disturbance is affirmed. Construing the disputed record
in Banks's favor, no reasonable officer would have thought deadly force
was necessary to protect Vanessa Banks from imminent danger; officer's
belief that he was about to be attacked was unreasonable; shooting Banks
the instant the door was open was objectively unreasonable; no reasonable
officer would have believed he was under attack; and thus no reasonable
officer would have believed he had probable cause to use deadly force.
Right to be free from excessive force was clearly established. Judge Stras
dissents.