United States Fourth Circuit

Where the evidence establishes that the suspect was reaching toward what the officer reasonably believed to be a gun, any reasonable officer would have imminently feared for his safety and the safety of others, so shooting the suspect was not an excessive use of force.

Appellate Information

• Argued 01/24/2001
• Decided 03/29/2001
• Published 03/29/2001

Judges

• Before WILKINSON, Chief Judge, and WIDENER and WILLIAMS, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Douglas Alan Datt, Gavett & Datt, P.C., Rockville, MD, for Appellant.  Jay Heyward Creech, Upper Marlboro, MD, for Appellee.   ON BRIEF:  Rhoda S. Barish, Gavett & Datt, P.C., Rockville, MD, for Appellant.  Sean D. Wallace, Upper Marlboro, MD, for Appellee.