Beautiful Virgin Islands

Wednesday, Feb 18, 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
Reform UK Appoints Former Conservative Minister Robert Jenrick as Finance Chief
UK Unemployment Rises to Highest in Nearly Five Years as Labour Market Weakens
Rupert Lowe Advocates for English-Only Use in the UK
US Successfully Transports Small Nuclear Reactor from California to Utah
South Korea's traditional sand wrestling sport ssireum faces declining interest at home
Japan outlawed Islam
Virginia Giuffre accuses Epstein of trafficking to powerful men for blackmail.
New Mexico lawmakers initiate investigation into Zorro Ranch linked to Jeffrey Epstein
British Tourist Arrested at Hong Kong Airport After Meltdown and Vandalism
Nigel Farage Names Reform UK Frontbench Team and Signals Zero Tolerance for Internal Dissent
Qualcomm to Withdraw UK Lawsuit Over Smartphone Chip Royalty Dispute
Major UK Banks Explore Domestic Card Network to Rival Visa and Mastercard
Cold Health Alert Issued Across UK as Temperatures Drop Sharply
Nine-Year-Old Becomes First Child in UK to Undergo Groundbreaking Leg-Lengthening Surgery
UK Workers Face Stagnant Incomes and a Softening Labour Market as Unemployment Climbs
UK Passport Rules Tightened for British Dual Nationals Under New Travel Guidance
California Deepens Global Climate Alliance with New UK Pact and Major Clean-Tech Investment Drive
UK Supreme Court Tightens Rules on Use of ‘Milk’ and ‘Cheese’ Labels for Plant-Based Products
University of Kentucky Postpones Feb. 19 Law Enforcement Training Exercise in Lexington
‘The only thing illegal is Keir Starmer handing these islands to a country like Mauritius!’
JD Vance says Germany is “killing itself” by taking in millions of fake asylum seekers from culturally incompatible nations.
UK Markets Signal Opportunity as Starmer Confronts Intensifying Political Pressure
Trump Criticises Newsom’s UK Climate Pact, Defends Federal Authority Over Foreign Engagements
UK’s Top Prosecutor Says ‘No One Is Above the Law’ as Police Review Claims Against Ex-Prince Andrew
Rubio Calls for Sweeping U.N. Reform, Saying It Has Failed to End Wars in Gaza and Ukraine
Prince William Meets Saudi Crown Prince as Epstein-Andrew Fallout Casts Shadow
Starmer Calls for Renewed ‘Hard Power’ Investment at European Security Summit
UK Police Establish National Taskforce to Handle Domestic Epstein-Linked Allegations
UK Court Rules Ban on Palestine Action Unlawful in Major Free Speech Test
UK Faces Prospect of Net Migration Turning Negative as Economic Impact Looms
Peter Mandelson Asked to Testify Before US Congress Over Jeffrey Epstein Links
Document Suggests Prince Andrew Shared UK Briefing on Afghan Investment Opportunities with Jeffrey Epstein
Beijing Brands UK Hong Kong Visa Expansion ‘Despicable and Reprehensible’ After Jimmy Lai Sentencing
Tesco Chief Warns UK Is ‘Sleepwalking’ Toward a Joblessness Crisis
Trump’s ‘Act of Great Stupidity’ Comment on UK Chagos Deal Reverberates Through Diplomacy and Strategy
New U.S. filings say Jeffrey Epstein repaid Les Wexner one hundred million dollars after theft allegation
Commerce Secretary Howard Lutnick acknowledges 2012 visit to Jeffrey Epstein’s private island as lawmakers scrutinise past ties
UK Police Review Fresh Claims Involving Prince Andrew as Senior Royals Respond to Epstein Files
Keir Starmer’s Premiership Faces Unprecedented Strain as Epstein Fallout Deepens
Starmer Vows to Stay in Office as UK Government Faces Turmoil After Epstein Fallout
China and UK Signal Tentative Reset with Commitment to Steadier, Professionally Managed Relations
UK Confirms Imminent Increase in ETA Fee to £20 as Entry Rules Tighten
UK Signals Possible Seizure of Russia-Linked ‘Shadow Fleet’ Tanker in Escalation of Sanctions Enforcement
Epstein Scandal Piles Unprecedented Pressure on UK Prime Minister Keir Starmer’s Leadership
UK’s ‘Most Romantic Village’ Celebrates Valentine’s Day and Explores the Festival’s Rich History
Winklevoss-Led Gemini to Slash a Quarter of Jobs and Exit European and Australian Markets
UK Royal Family Faces Intensifying Strain as Epstein-Linked Revelations Rock the Institution
Political Censorship: French Prosecutors Raid Musk’s X Offices in Paris
AI Invented “Hot Springs” — Tourists Arrived and Were Shocked
Tech Mega-Donors Power Trump-Aligned Fundraising Surge to $429 Million Ahead of 2026 Midterms
×