Texas Cop Who Killed Unarmed Man Is Not Entitled to Qualified Immunity
A federal judge in the Eastern District of Texas denied qualified immunity—a legal doctrine that protects local and state government officials from civil liability unless their actions violate a clearly established constitutional right—to Shane Iverson, a former deputy of Rusk County, on May 27. This upholds a previous ruling by Magistrate Judge John D. Love, clearing the way for a civil rights lawsuit to proceed. Iverson fatally shot Timothy Michael Randall, an unarmed 29-year-old, during a traffic stop on September 14, 2022. Randall’s family has filed a federal lawsuit alleging excessive force, unlawful arrest, and emotional distress.
Randall was stopped by Iverson around 12:30 a.m. in Turnertown, Texas, for allegedly running a stop sign. Dashcam footage shows the encounter escalated when Iverson attempted to detain Randall, who tried to flee but was fatally shot by a single bullet that struck his chest.
Although a grand jury had previously declined to indict Iverson, citing insufficient grounds for criminal charges, Love and now District Judge Jeremy Kernodle have concluded there is enough evidence to question the constitutionality of Iverson’s actions. In particular, Kernodle highlighted video evidence that showed Randall’s open hands raised in surrender as he turned to flee, contradicting Iverson’s claim of being in imminent danger.
Iverson told investigators that after he asked Randall to step out of the vehicle, he “made a ‘furtive gesture’ with his right hand that made him think he might have a weapon.” During a pat-down, Iverson felt a soft, rectangular object in Randall’s pants and, upon squeezing it, detected something small and hard, making him think it might be a mini revolver. It was later revealed to be a meth pipe.
Article from Reason.com
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