Sherrod v. Berry

United States Court of Appeals for the Seventh Circuit · 1988 · Evidence

EvidenceRelevanceExcessive forceSection 1983Fed. R. Evid. 401relevanceprejudiceobjective reasonableness

Facts

After a robbery report and dispatch description, Officer Berry believed Gary Duckworth matched the suspect and, with his partner, stopped a Cadillac near the crime scene. The officers treated the stop as high risk, drew their weapons, and repeatedly ordered the occupants to raise their hands before they complied. As Berry approached, he testified that the driver, Ronald Sherrod, made a quick movement with his hand into his coat as if reaching for a weapon, and Berry shot and killed him. At trial, over objection, the court admitted evidence that a later search showed Sherrod was unarmed.

Issue

In a § 1983 excessive-force case, is evidence discovered after the shooting that the decedent was unarmed relevant to whether the officer acted reasonably in using deadly force, when the officer testified only that he saw a quick movement suggesting a reach for a weapon?

Rule

The reasonableness of an officer's use of deadly force must be judged exclusively on the basis of the facts, circumstances, and information known to the officer at the time he acted. Evidence of facts learned only after the event is irrelevant and improperly prejudicial unless it bears on credibility by contradicting what the officer claimed to have perceived.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Milwaukee, Officer Dana Cole stopped a sedan after a dispatch reported an armed carjacking nearby. When the driver, Luis Moreno, suddenly lunged toward the floorboard despite repeated commands to keep his hands visible, Cole fired. A later inventory search showed there was no weapon anywhere in the car.

In Moreno's § 1983 suit, is the no-weapon evidence admissible to prove Cole acted unreasonably in using deadly force?

Explanation. The governing rule is that objective reasonableness must be assessed solely from the officer's perspective based on the knowledge, facts, and circumstances known at the time force was used. Evidence learned only afterward that the suspect was unarmed is irrelevant to that question and improperly invites hindsight. The majority rejected the view that such evidence is needed to keep the jury from speculating.