Beautiful Virgin Islands

Sunday, Nov 09, 2025

"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
UK Government Turns to Denmark-Style Immigration Reforms to Overhaul Border Rules
UK Chancellor Warned Against Cutting Insulation Funding as Budget Looms
UK Tenant Complaints Hit Record Levels as Rental Sector Faces Mounting Pressure
Apple to Pay Google About One Billion Dollars Annually for Gemini AI to Power Next-Generation Siri
UK Signals Major Shift as Nuclear Arms Race Looms
BBC’s « Celebrity Traitors UK » Finale Breaks Records with 11.1 Million Viewers
UK Spy Case Collapse Highlights Implications for UK-Taiwan Strategic Alignment
On the Road to the Oscars? Meghan Markle to Star in a New Film
A Vote Worth a Trillion Dollars: Elon Musk’s Defining Day
AI Researchers Claim Human-Level General Intelligence Is Already Here
President Donald Trump Challenges Nigeria with Military Options Over Alleged Christian Killings
Nancy Pelosi Finally Announces She Will Not Seek Re-Election, Signalling End of Long Congressional Career
UK Pre-Budget Blues and Rate-Cut Concerns Pile Pressure on Pound
ITV Warns of Nine-Per-Cent Drop in Q4 Advertising Revenue Amid Budget Uncertainty
National Grid Posts Slightly Stronger-Than-Expected Half-Year Profit as Regulatory Investments Drive Growth
UK Business Lobby Urges Reeves to Break Tax Pledges and Build Fiscal Headroom
UK to Launch Consultation on Stablecoin Regulation on November 10
UK Savers Rush to Withdraw Pension Cash Ahead of Budget Amid Tax-Change Fears
Massive Spoilers Emerge from MAFS UK 2025: Couple Swaps, Dating App Leaks and Reunion Bombshells
Kurdish-led Crime Network Operates UK Mini-Marts to Exploit Migrants and Sell Illicit Goods
UK Income Tax Hike Could Trigger £1 Billion Cut to Scotland’s Budget, Warns Finance Secretary
Tommy Robinson Acquitted of Terror-related Charge After Phone PIN Dispute
Boris Johnson Condemns Western Support for Hamas at Jewish Community Conference
HII Welcomes UK’s Westley Group to Strengthen AUKUS Submarine Supply Chain
Tragedy in Serbia: Coach Mladen Žižović Collapses During Match and Dies at 44
Diplo Says He Dated Katy Perry — and Justin Trudeau
Dick Cheney, Former U.S. Vice President, Dies at 84
Trump Calls Title Removal of Andrew ‘Tragic Situation’ Amid Royal Fallout
UK Bonds Rally as Chancellor Reeves Briefs Markets Ahead of November Budget
UK Report Backs Generational Smoking Ban Ahead of Tobacco & Vapes Bill Review
UK’s Domino’s Pizza Group Reports Modest Like-for-Like Sales Growth in Q3
UK Supplies Additional Storm Shadow Missiles to Ukraine as Trump Alleges Russian Underground Nuclear Tests
High-Profile Broodmare Puca Sells for Five Million Dollars at Fasig-Tipton ‘Night of the Stars’
Wilt Chamberlain’s One-of-a-Kind ‘Searcher 1’ Supercar Heads to Auction
Erling Haaland’s Remarkable Run: 13 Premier League Goals in 10 Matches and Eyes on History
UK Labour Peer Warns of Emerging ‘Constituency for Hating Jews’ in Britain
UK Home Secretary Admits Loss of Border Control, Warns Public Trust at Risk
President Trump Expresses Sympathy for UK Royal Family After Title Stripping of Prince Andrew
Former Prince Andrew to Lose His Last Military Title as King Charles Moves to End His Public Role
King Charles Relocates Andrew to Sandringham Estate and Strips Titles Amid Epstein Fallout
Two Arrested After Mass Stabbing on UK Train Leaves Ten Hospitalised
Glamour UK Says ‘Stay Mad Jo x’ After Really Big Rowling Backlash
Former Prince Prince Andrew Faces Possible U.S. Congressional Appearance Over Jeffrey Epstein Inquiry
UK Faces £20 Billion Productivity Shortfall as Brexit’s Impact Deepens
UK Chancellor Rachel Reeves Eyes New Council-Tax Bands for High-Value Homes
UK Braces for Major Storm with Snow, Heavy Rain and Winds as High as 769 Miles Wide
U.S. Secures Key Southeast Asia Agreements to Reshape Rare Earth Supply Chains
US and China Agree One-Year Trade Truce After Trump-Xi Talks
BYD Profit Falls 33 % as Chinese EV Maker Doubles Down on Overseas Markets
US Philanthropists Shift Hundreds of Millions to UK to Evade Regulatory Uncertainty in Trump Era
×