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Lopez v. Sheriff of Cook County

993 F.3d 981 (2021)

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Lopez v. Sheriff of Cook County

United States Court of Appeals for the Seventh Circuit
993 F.3d 981 (2021)

  • Written by Liz Nakamura, JD

Facts

Shortly after 3:00 a.m., Officer Michael Raines (defendant) approached the scene of a melee street fight outside the Funky Buddha Lounge. Raines saw Fernando Lopez (plaintiff) fire two gunshots into the air. Lopez then walked in Raines’s direction, still armed. Raines shot Lopez once. Lopez dropped the gun and attempted to flee. Raines then fired five additional shots at Lopez within the span of approximately three seconds. As Raines moved to approach Lopez, Mario Orta picked up Lopez’s gun and fired at Raines. Orta missed. Raines then grabbed Lopez to use as a human shield against Orta. Raines pointed his gun alternatingly at Lopez and at Orta but did not fire any additional shots. Lopez struggled and attempted to swat the gun out of Raines’s hand. After less than five minutes, Orta fled. Lopez survived and ultimately pleaded guilty to firearms charges. Lopez then sued Raines, alleging that Raines violated his Fourth Amendment rights by using excessive force. It was undisputed that there was no relevant caselaw dealing with an analogous situation. The district court granted Raines summary judgment, holding that Raines had qualified immunity because his use of deadly force was not a clear violation of established law. Lopez appealed.

Rule of Law

Issue

Holding and Reasoning (Scudder, J.)

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