Argued: December 13, 2018
Appeals from the United States District Court for the
District of South Carolina, at Beaufort. Patrick Michael
Duffy, Senior District Judge. (9:15-cv-01118-PMD)
Elloree A. Ganes, HOOD LAW FIRM, LLC, Charleston, South
Carolina; Mary Bass Lohr, HOWELL, GIBSON & HUGHES, P.A.,
Beaufort, South Carolina, for Appellants.
Calloway, MCGOWAN, HOOD & FELDER, LLC, Rock Hill, South
Carolina for Appellee.
Whitney B. Harrison, MCGOWAN, HOOD & FELDER, LLC,
Columbia, South Carolina, for Appellee.
KEENAN, FLOYD, and THACKER, Circuit Judges.
Williams brought suit under 42 U.S.C. § 1983 against two
law enforcement officers: Kyle Strickland and Raymond Heroux.
Williams claimed that the officers violated his Fourth
Amendment rights by using deadly force while arresting him.
The officers moved for summary judgment on the basis of
qualified immunity. The district court denied their motions,
and the officers now appeal. For the reasons that follow, we
29, 2012, Williams drove from Georgia to South Carolina to
visit a relative. His six-year-old son was with him. When
Williams and his son arrived in South Carolina, they stopped
at a gas station. There, Williams ran into an acquaintance,
Anthony Ancrum, who needed a ride to his apartment.
Ancrum's apartment complex was nearby, and Williams
offered to drive him.
way to the apartment complex, Williams crossed paths with
Officer Heroux, who was on duty in a patrol car. Heroux ran
Williams's license plate through dispatch and learned
that the plate had been stolen. He followed Williams into the
parking lot of the apartment complex, where he turned on his
blue lights. In response, Williams pulled into a parking
space. Heroux got out to approach him. Two other officers,
Kyle Strickland and Walter Criddle, arrived on the scene.
happened over the next several seconds forms the heart of
this appeal. When Heroux was about ten feet from
Williams's car, Williams shifted the car into reverse and
cut the wheel, causing the front end of the car to swivel in
Heroux's direction. Heroux, believing himself to be in
danger, stepped back and drew his gun. At the same time,
Strickland started walking ...