Carr v. Tatangelo

Three officers (defendants) in Monroe, Georgia were patrolling a high-crime area known for drug trafficking. After stopping a highly intoxicated individual, the officers learned that the person was on his way to purchase drugs at the home of Romeo Carr (plaintiff). The officers then drove to the area and hid in some bushes near the house to observe. A car pulled up to the house, and Carr came outside to talk to the occupants. Meanwhile, Carr’s friend, Cedrick Wymbs (plaintiff) walked from the home down the street to use a payphone. When Wymbs returned, he noticed movement in the bushes and pointed it out to Carr. They suspected the movement to be an acquaintance with whom they had a prior altercation. Wymbs began throwing rocks in the direction of the bushes. As Carr had his hand raised to throw a rock, one officer fired a shot, striking Carr. Carr and Wymbs immediately fled into the house. The officers claimed that Carr and Wymbs also had guns and that they reasonably believed they were in danger of being shot. The officers called for backup, and paramedics found Carr lying in the hallway of his home with a gunshot wound. No weapons were ever found on Carr or Wymbs, nor in the house. Carr and Wymbs brought suit against the officers under 42 U.S.C. § 1983. The district court granted summary judgment based on qualified immunity to the officers. Carr and Wymbs appealed.