Isaiah was a 17-year-old Black teen, naked, unarmed and clearly in the throes of a mental health crisis, when Edmond, Oklahoma police officer Denton Scherman shot him four times, killing him.
In the civil suit brought by Isaiah’s family, Officer Scherman raised the defense of qualified immunity, while allows a police officer who violates a person’s constitutional rights to avoid being held responsible unless the right in question was “clearly established.”
The district court denied qualified immunity, holding that a jury could conclude that deadly force was not justified against the naked and unarmed Isaiah when Scherman discharged his firearm. This district court also held that the law prohibiting the deadly force was clearly established.
Officer Scherman appealed that decision in the U.S. Court of Appeals for the Tenth Circuit. The Roderick & Solange MacArthur Justice Center (MJC) represented Isaiah’s family on appeal, leading briefing and argument to defend the district court’s decision.
Unfortunately, the Tenth Circuit sided with Scherman, holding that there was no prior case that “squarely governs” the shooting, therefore Scherman was entitled to qualified immunity.
The Tenth Circuit’s opinion conflicts with Supreme Court precedent and decisions from other circuits, raising recurring and important questions about the scope, application, and continuing validity of qualified immunity.
On January 17, 2023, MJC filed a cert petition to the U.S. Supreme Court, asking the Court to hear this case.
Co-counsel includes Andrew Stroth and the team at Action Injury Law Group, and Ray Tolentino and the students at the Howard University School of Law Civil Rights Clinic.