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FRANKLIN v. CITY OF CHARLOTTE

No. 21-2402.

64 F.4th 519 (2023)

Deborah FRANKLIN, as Administrator of the Estate of Danquirs Franklin, Plaintiff-Appellant, v. CITY OF CHARLOTTE; Wende Kerl, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 4, 2023.

Attorney(s) appearing for the Case

ARGUED: S. Luke Largess, TIN FULTON WALKER & OWEN, Charlotte, North Carolina, for Appellant. Lori R. Keeton, LAW OFFICES OF LORI KEETON, Charlotte, North Carolina; Roger A. McCalman, OFFICE OF THE CITY ATTORNEY, Charlotte, North Carolina, for Appellees. ON BRIEF: Clarence E. Matherson, Jr., OFFICE OF THE CITY ATTORNEY, Charlotte, North Carolina, for Appellee City of Charlotte.

Affirmed in part, vacated in part, and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Wilkinson and Judge Gibney joined. Judge Wilkinson wrote a concurring opinion.

The Constitution tolerates the use of deadly force by police officers only when necessary to thwart an imminent threat to life, which requires the officer to reasonably perceive danger. The dividing line between reasonable and unreasonable justifications for claiming a human life,...

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