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LAMONT v. NEW JERSEY

No. 09-1845.

637 F.3d 177 (2011)

Angelika LAMONT, Administrator Ad Prosequendum of the Estate of Eric J. Quick, Appellant v. State of NEW JERSEY; New Jersey State Police Department; Mark Manzo; Christopher Modarelli; Keith Moyer, John Does, A-Z, fictitious names, police officers, supervisors, trainers, instructors, employees, agents and/or servants of the State of New Jersey and/or New Jersey State Police Department, jointly, severally, individually and/or in the alternative.

United States Court of Appeals, Third Circuit.

Filed: March 4, 2011.

Attorney(s) appearing for the Case

Andrew M. Smith (argued), Amanda J. Houpt , Smith, Marcino & Bowman, Willow Grove, PA, for Appellant.

John C. Connell (argued), John P. Kahn , Archer & Greiner, Haddonfield, NJ, for Appellees.

Before: McKEE, Chief Judge, and SMITH, Circuit Judges and STEARNS, District Judge.

OPINION

SMITH, Circuit Judge.

This civil-rights case was filed after law enforcement officers shot and killed a suspected car thief during a standoff. Immediately prior to the shooting, the suspect had been standing with his right hand concealed in his waistband and appeared to be clutching an object. After being ordered both to show his hands and to freeze, the suspect suddenly pulled his right hand out of his waistband—not as if he were surrendering...

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