October 06th, 2024

US Court of Appeals for the Fifth Circuit Opinions

Dilley v. Domingue

Docket: 23-30914 Opinion Date: October 4, 2024 Judge: Andrew S. Oldham Areas of Law: Civil Rights
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In the early morning hours of July 10, 2018, Trooper Kasha Domingue stopped a vehicle. After the driver and another passenger fled, Clifton Scott Dilley exited the vehicle from the driver-side rear seat. The events that followed are disputed, but it is undisputed that Domingue shot Dilley, paralyzing him from the waist down. The incident was partially captured by a nearby security camera, which lacked audio. The footage shows Domingue pulling over the SUV, the driver exiting and interacting with Domingue, and then fleeing. Dilley then exited the vehicle, and Domingue shot him in the back.

The Louisiana Department of Public Safety terminated Domingue for her actions, citing her failure to use her body camera and her false statements about the incident. Domingue initially claimed she used a taser and later fabricated a story about her defensive posture during the shooting. The Louisiana State Use of Force Board found that Domingue violated multiple policies and committed criminal negligence. She was charged with aggravated second-degree battery and illegal use of weapons, to which she pleaded guilty in 2022.

Dilley sued Domingue under 42 U.S.C. § 1983 for using excessive force in violation of the Fourth Amendment. The United States District Court for the Middle District of Louisiana denied Domingue's motion for summary judgment, finding several disputes of material fact and denying her qualified immunity.

The United States Court of Appeals for the Fifth Circuit reviewed the case de novo and affirmed the district court's decision. The court held that officers cannot use deadly force against a fleeing suspect who poses no immediate threat. Given the numerous factual disputes, including Domingue's inconsistent statements and the video evidence, the court found that a jury could reasonably conclude that Domingue violated clearly established law by shooting an unarmed and nonthreatening Dilley in the back without warning. The denial of qualified immunity was affirmed.
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