Beautiful Virgin Islands

Tuesday, Jul 21, 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
EU Imposes Record €550 Million Digital Services Fine on AliExpress
London’s Housing Starts Collapse as Planning and Building Costs Stall Development
Charlie Sheen’s Daughter: "My Dad Didn’t Buy Me a House, My Breasts Bought It"
Vivienne Westwood Casts Cicciolina, 74, in Its New Autumn Campaign
Dejavu: Germany’s Military Expansion Reshapes Europe’s Strategic Balance With France
Naturally Conceived Identical Quadruplets Born in Rare Brisbane Delivery
Tate Brothers Fight British Extradition Bid After Miami Arrests
Burnham Reshapes Britain’s Government Around Living Costs, Devolution and Security
Jingye Demands Full Compensation After Britain illegally Nationalized British Steel
Just Another Liar or a Robin Hood? Andy Burnham Pledges Cost-of-Living Help in First Speech as UK Prime Minister
Morgan Stanley Builds a Wall Street Lead in AI Infrastructure Finance
High Prices Push Coffee Drinkers Toward Whole Beans and Home Brewing
Trump Draws Boos and Podium Scrutiny at Spain’s World Cup Triumph
Brilliant move: Péter Magyar Moves to Nominate Chess Grandmaster Judit Polgár as Hungary’s President
Spain Defeats Argentina in Extra Time to Win Second World Cup
Police Block Cockroach Janta Party’s March to Parliament as Education Protests Intensify
Current AI Seeks to Build an Open Global AI Infrastructure Outside Big Tech Control
Turkey Explores S-400 Transfer to UAE in Bid to Rejoin F-35 Program
Germany’s Economic Malaise Reopens the Sunday Shopping Debate
Singapore Considers Lower Taxes for Fund Managers as Hong Kong Intensifies Talent Contest
US Retaliates Against Iran After Two American Troops Killed in Jordan
Bank of Asia BVI Enters Court-Supervised Liquidation After Regulators Find It Insolvent
Proposed U.S.-Saudi Nuclear Pact Could Permit Limited Uranium Enrichment Under International Safeguards
Netherlands Declares Water Shortage Emergency After Drought Pushes Rivers to Historic Lows
Why Kentucky Fried Chicken Became KFC—and Why the False Explanations Persist
Iran Claims It Destroyed Bahrain’s Main Artificial Intelligence Center in Missile and Drone Strike
Ukrainian Drones Strike Wildberries Warehouses Deep Inside Russia
Brothers Andrew and Tristan Tate Who Turned "Toxic Masculinity" Into a Brand Arrested in Miami as Britain Seeks Their Extradition
Reported CIA Mission Helped Clear the UAE’s Path to Advanced US AI Chips
Artificial Intelligence Capital Fuels Markets While Governments and Regulators Face Mounting Strategic Tests
China’s Moonshot’s Kimi K3 Narrows the Gap With Anthropic Through Scale, Openness and Lower Cost
Gold and Cash Seizure Puts Indonesia’s Senior Anti-Corruption Prosecutor Under Investigation
The Ledger Will Not Trust on Faith
Trump Administration Pressures Banks to Restrict Financial Access for Undocumented Immigrants
Passenger Bound for Germany Refused to Sit Beside a Woman on a Plane — Then Slapped a Flight Attendant
Ukraine’s Leadership Rift Spills Into the Streets as Protesters Target Army Chief
Ukrainian Drone Barrage Kills Eight and Strikes Russian Logistics Network
The Ten World Cup Finals That Defined Football History
Smartphones Are Getting More Expensive, Sales Are Collapsing, and Even Apple Admits: "Prices Will Rise"
The Monaco Bombing Has Become a Test of Ukraine’s Intelligence Accountability
Leadership Change and Strategic Rivalry Redraw the Political Map
Energy Risk, Uneven Growth and the New Geography of Global Capital
The AI Race Enters Its Infrastructure Era
For 36 Years, He Scammed About 300 Luxury Hotels — Until He Was Caught
Britain Nationalises British Steel to Protect Scunthorpe Production and Strategic Supply
Andy Burnham Takes Labour Leadership and Prepares to Become Britain’s Seventh Prime Minister in a Decade
Tech Companies Want to Move Computing Off Your Screen and Onto Your Body
White House Teleprompter Operator Earned More Than $100,000 From Bets Linked to the President's Speeches
French National Assembly Overrides Senate to Pass Historic Assisted-Dying Legislation
Spanish Prime Minister's Wife Ordered to Stand Trial as Corruption Probes Encircle Governing Party
×