FAIRBANKS, Alaska (KTVF) – The Ninth Circuit Court of Appeals ruled Wednesday that officers who shot and killed 20-year-old Cody Eyre in December 2017 did not use excessive force.
“Due to the undisputed fact that Eyre threatened the officers with death and then pointed a gun at them, the officers’ use of force did not violate the Fourth Amendment,” said an eight-page opinion written by a three-judge panel of judges Jay Bybee, Michelle Friedland and Eric Miller.
The decision overturns part of a lower court ruling by U.S. District Judge Sharon Gleason, who denied the defendant’s motion for summary judgment in February 2023.
Their ruling said a reasonable jury could find either that the officers violated Eyre’s constitutional right to be free from excessive force or that the deadly force violated state laws regarding negligent failure to train and supervise, wrongful death and assault – meaning the trial must go before a jury.
The city appealed that order in March 2023. The Ninth Circuit’s memorandum on Wednesday vacates the first part of Gleason’s denial of the motion for summary judgment, but dismisses the second part on the grounds that the state’s common law claims did not fall within the jurisdiction of federal court.
The appeals court followed the City of Fairbanks’ argument that the legal principle of “qualified immunity” protected the officers in this case from the alleged violations of Eyre’s Fourth Amendment rights, which protect people from excessive use of force.
The legal principle of qualified immunity protects public officials from certain lawsuits when the allegations arise in the course of their official duties – unless the acts in question clearly violate the person’s constitutional or federal legal rights.
Five of the six officers involved fired a total of 40 bullets at the 20-year-old in two volleys, hitting him twelve times and killing him with the second volley by a shot to the back of the head.
The group included four Alaska State Troopers – James Thomas III, Christine Joslin, Elondre Johnson and Nathaniel Johnson – and two Fairbanks City Troopers – Richard Sweet and Tyler Larimer. Nathaniel Johnson attempted to fire his weapon both times, but was unable to because his hands were too numb.
Judge Friedland issued a dissenting opinion on Wednesday, saying the appeals court should have examined the excessive force allegations separately for each round of gunfire.
In the memorandum, the Ninth Circuit majority wrote that the volleys were analyzed together because “the estate forfeited that theory by failing to raise it in the district court.”
Friedland disagreed.
“I believe that plaintiff’s contention in the district court that the ‘second burst of fire’ was inappropriate was sufficient to preserve this issue,” she wrote, referring to an argument made by lawyers for Eyre’s estate in a motion in Alaska District Court.
Download the Newscenter Fairbanks apps today and stay up to date with the latest news and weather alerts.
All rights reserved.
