Summary Judgment Granted In Favor of Police Officer on Civil Rights Excessive Force and Battery Claims

In the case of Fuller v. Narkin, No. 2:16-CV-00995-GAM (E.D. Pa. Aug. 11, 2022 McHugh, J.), the court dismissed the Plaintiff’s excessive force claims arising from a policy shooting incident.

According to the Opinion, the suspect had led the police on a high-speed chase and, when cornered by the police officers, the suspect attempted to drive at the officer who then discharged his weapon.

The Defendant police officer moved for summary judgment on the excessive force and battery claims filed against him by the Plaintiff. The court granted the motion. 

The court ruled that the police officer correctly interpreted the suspect’s actions as a threat to potentially run the police officer in a further attempt to evade capture. According to the record, the suspect himself even admitted that he was attempting to continue driving his tractor trailer when the police officer discharged his weapon.

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Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Sept. 8, 2022).