Beautiful Virgin Islands

Wednesday, Aug 19, 2026

"This Has To Stop": A Court Invoked George Floyd's Death In Denying Qualified Immunity To Cops Who Shot A Man 22 Times

"This Has To Stop": A Court Invoked George Floyd's Death In Denying Qualified Immunity To Cops Who Shot A Man 22 Times

"Although we recognize that our police officers are often asked to make splitsecond decisions, we expect them to do so with respect for the dignity and worth of black lives."

A federal appeals court on Tuesday invoked the recent death of George Floyd in Minneapolis in denying legal immunity to five cops in West Virginia who were sued for shooting a Black man 22 times while he lay motionless on the ground.

Judge Henry Floyd of the US Court of Appeals for the 4th Circuit wrote on behalf of a unanimous three-judge panel that to dismiss the case against officers who shot and killed Wayne Jones in 2013 "would signal absolute immunity for fear-based use of deadly force, which we cannot accept."

Floyd noted that Jones was killed a year before protests erupted nationwide after Michael Brown, an unarmed Black man, was killed by police in Ferguson, Missouri.

"Although we recognize that our police officers are often asked to make split-second decisions, we expect them to do so with respect for the dignity and worth of black lives. Before the ink dried on this opinion, the FBI opened an investigation into yet another death of a black man at the hands of police, this time George Floyd in Minneapolis," wrote Floyd, who is not believed to be related to George Floyd. "This has to stop."

Qualified immunity, the legal principle that has long shielded law enforcement officers and city officials from civil liability in court for excessive force and civil rights claims, has gotten fresh attention in the aftermath of Floyd's death. Floyd died after a police officer in Minneapolis used a knee chokehold on Floyd's neck for nearly nine minutes.

Federal appeals courts have struggled with how to apply qualified immunity in practice, and an ideologically diverse group of elected officials and advocacy groups is pushing the US Supreme Court to revisit the concept and get rid of it, or at least limit the circumstances when police can rely on it in court. Tuesday's opinion marks the first time a federal appeals court has explicitly linked Floyd's death with the broader debate over how much protection police should get when they're sued.

According to the 4th Circuit's opinion, Jones had been experiencing homelessness and was diagnosed with schizophrenia when a police officer in Martinsburg, West Virginia, stopped him in March 2013. Jones had been walking in the road instead of on the sidewalk, which was against state and local laws. When the officer asked if Jones had any weapons on him - Jones initially indicated he didn't know what a "weapon" was - Jones replied that he had "something."

The officer called for backup, according to the opinion. Jones tried to move away from the officers, who used Tasers on him. One of the officers said Jones hit him, and then ran away. Once the officers caught Jones, one officer used a chokehold to restrain Jones, and one could be seen on video kicking Jones on the ground. One officer then felt a "sharp poke" and saw that Jones had a knife.

According to the opinion, the officers withdrew and formed a semicircle around Jones. When the officers ordered him to drop the knife, Jones didn't respond and lay "motionless." The five officers then fired 22 shots at Jones, and he died.

A district court judge had granted qualified immunity to the officers, finding that at the time Jones was shot, he wasn't "secured" by the officers, so they hadn't used excessive force under the "clearly established" law on the issue. Under the concept of qualified immunity, whether police can get immunity for allegedly excessive or unconstitutional actions depends on whether the law was "clearly established" at the time that what they did was unlawful or unconstitutional.

But the three-judge 4th Circuit panel disagreed with the lower court judge, finding that Jones was "secured" when the officers shot him.

"A reasonable jury viewing the videos could find that Jones was secured when he was pinned to the ground by five officers," Floyd wrote. "The defendants emphasize that Jones was not handcuffed, and that, as admitted, he stabbed an officer. Yet in 2013, it was already clearly established that suspects can be secured without handcuffs when they are pinned to the ground, and that such suspects cannot be subjected to further force."

Floyd wrote later in the opinion: "If Jones was secured, then police officers could not constitutionally release him, back away, and shoot him. To do so violated Jones’s constitutional right to be free from deadly force under clearly established law."

The court said that the first officer who stopped Jones was responsible for escalating a situation that began because Jones was walking in the street instead of on a sidewalk. The fact that Jones initially refused to cooperate, and that police later discovered he had a small knife, did not give officers "carte blanche" to use deadly force.

"What we see is a scared man who is confused about what he did wrong, and an officer that does nothing to alleviate that man’s fears. That is the broader context in which five officers took Jones’s life," Floyd wrote.

Lawyers for Jones' estate and the Martinsburg police did not immediately return requests for comment.


Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
China’s Lifelike AI Humans Move From Livestreams Into Real-World Service Roles
Sarah Ferguson Reportedly Retreats to Late Ex-Boyfriend's Swiss Chalet
Cristiano Ronaldo and Georgina Rodríguez Sign Prenup Protecting Their Separate Fortunes
Thieves Steal Antonello da Messina Renaissance Masterpieces From Sicilian Museum
Better.com Founder Who Fired 900 Employees on Zoom Is Ousted as CEO
Italian Speed Camera Issues Nearly 32,000 Fines in 10 Weeks, Worth More Than €3 Million
AI Manager at San Francisco Store Recommends Firing Human Employee
Google Launches Pixel 11 With Gemini AI at the Center of Its Hardware Strategy
Reform UK Unveils Plan to Cut Welfare Spending by More Than £50 Billion a Year
Prime Minister Andy Burnham Praised Extinction Rebellion for Doing a 'Great Service'
UK Wildfire Phone Alert Triggers Backlash as Users Switch Off Emergency Warnings
Heathrow Roads Reopen After Burst Water Main Floods Access to Terminals 2 and 3
Former NBA Players Enes Kanter Freedom and Royce White Say They Will Enter 2027 WNBA Draft
Former Cambridge Professor Jason Arday Found Dead Days After Resigning Amid Plagiarism Row
US Appeals Court Rules AI Agent's Website Actions Are Legally Attributed to the User
France's Constitutional Council Blocks Social Media Ban for Children Under 15
Liechtenstein Changes Royal Succession Rules to Allow Women to Inherit the Throne
Women Allege Rape and Sexual Abuse at British Army College for Teenage Recruits
Minnesota: Two independent investigators posed as Muslims (one wearing a burqa) and showed how they could vote in elections without identification.
China’s Kimi Launches AI-Focused Credit Card With Agricultural Bank of China and American Express
Former Labour Adviser Arrested on Suspicion of Spying for China Held Privileged Access as Top Party Donor
Turkish Parliament Passes Landmark Bill Granting Conditional Amnesty to Disarmed PKK Members
Donald Trump Warns FIFA Against Ousting Gianni Infantino Amid Revolt by Global Football Leaders
Jeff Bezos Joins Investor Group Closing In on $6 Billion Liverpool FC Stake
UK Councils to Receive Sweeping Planning Powers to Ban New Vape and Betting Shops
Russia’s A7 Builds a State-Linked Payments Network Beyond Western Sanctions
Hyper-Realistic Reborn Dolls Draw Collectors Seeking Comfort and Craft
Gen Z Cuts Back on Dating as a Night Out Nears $200
Patients Turn to Artificial Intelligence for Therapy as Psychiatrists Warn of Privacy and Clinical Risks
Couples Embrace ‘Sleep Divorce’ to Protect Rest and Reduce Tension
Meta Ordered to Pay $567 Million and Change Facebook and Instagram Safeguards for Children
Up to only 10 Months in Prison for Swedish Officer’s Murderer Sparks Anger
Success: Nvidia Turned Gaming Chips Into the Engine of the AI Boom
Jorge Messi, Lionel Messi’s Father and Longtime Agent, Dies at 68
AI’s Next Bottleneck Is Power, Not Just Nvidia Chips
Advertising trick: Pepsi’s Harrier Jet Commercial Led to a $700,000 Court Fight
Meta Raises AI Spending Target to as Much as $145bn Despite Pressure Over Returns
Danube Drought Exposes Nazi Wrecks and Pushes Central Europe’s Power System to the Brink
Joe Biden’s Cancer Has Spread Beyond His Bones, Hunter Biden Says
Air Traffic Control Outage Grounded Flights Across the Midwest
Why 2027 Could Be a Strong Year for Stocks—and Why the Forecast Is Fragile
Why Markets May Look Quiet in August After Big Tech Earnings
Australian Crew Evacuates Seriously Ill American From Antarctica in Midwinter Darkness
Trump’s Top General Seeks an Exit Strategy From Iran War, Report Says
Brock Lesnar Retires From Wrestling, Closing a Career of Rare Athletic Range and Lasting Controversy
Trump-Era Policy Shifts Test the Boundaries of U.S. Institutions
UK Drought Cuts Harvests and Raises Food-Security Fears
UFO: Pentagon Releases Video of Unidentified Object Tracked Over Middle East
US Health Secretary: “I’m Not Afraid of Germs — I Used to Snort Cocaine Off Toilet Seats”
Ukraine Tells Senate Republicans Its Drone War Offers a Blueprint for America
×