His wife Jennifer Snook, as executrix of his estate, was substituted as the defendant-appellee. 1 While this appeal was pending, Patrick Snook died.
He was holding a pistol because he and his wife thought they had heard a prowler. Just after midnight one evening in June of 2016, Henry County, Georgia, police sergeant Patrick Snook1 - who was at the wrong house because of imprecise dispatch directions - shot and killed William David Powell, who was innocent of any crime and standing in his driveway. ED CARNES, Circuit Judge: Lawsuits involving claims that officers used deadly force in violation of the Fourth Amendment often involve tragic circumstances. 1:17-cv-03412-MHC _ Before WILSON, NEWSOM, and ED CARNES, Circuit Judges. _ Appeal from the United States District Court for the Northern District of Georgia D.C. 19-13340 _ SHARON POWELL, as executrix of the estate of William David Powell, SHARON POWELL, Plaintiffs-Appellants, versus JENNIFER SNOOK, as Executrix for the Estate of Patrick Snook, Defendant-Appellee, ANNIE DAVIS, et al., USCA11 Case: 19-13340 2 Date Filed: Page: 2 of 23 Opinion of the Court 19-13340 Defendants. USCA11 Case: 19-13340 Date Filed: Page: 1 of 23 In the United States Court of Appeals For the Eleventh Circuit _ No. The court stated that plaintiff has not shown that defendant's actions were unreasonable for qualified immunity purposes. Therefore, she has not met her burden of showing qualified immunity is not appropriate. The Eleventh Circuit affirmed the district court's grant of defendant's motion for summary judgment based on qualified immunity, concluding that plaintiff has not identified case law with materially similar facts or with a broad statement of principle giving defendant fair notice that he had to warn Powell at the earliest possible moment and before using deadly force. 1983 action against defendant in his individual capacity, alleging that he violated her husband's constitutional right to be free from excessive force. Powell was holding a pistol because he and his wife thought they had heard a prowler. Defendant, a police sergeant who was at the wrong house because of imprecise dispatch directions, shot and killed William David Powell, who was innocent of any crime and standing in his driveway.
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