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7th Circuit: Gunman’s reach for weapon nullifies excessive force claim

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A federal court in South Bend rightfully rejected a civil rights claim brought by a man shot by state troopers trying to serve a warrant who found themselves in a six-hour armed standoff, the 7th Circuit Court of Appeals ruled Thursday.

Gary W. Helman filed a federal suit claiming his Fourth and 14th Amendment rights were violated and that Indiana State Police used excessive force when they shot him multiple times at his home in Cromwell. Helman displayed a weapon after authorities arrived, and the standoff ensued.

Helman ventured outside his house after a few hours, and police deployed a flash bang device. According to the District Court opinion, at that point Helman pulled his gun and police responded by shooting him. Helman later pleaded guilty to a Class D felony charge of resisting law enforcement.

In Gary W. Helman v. Bruce Duhaime, 12-3428, Circuit Judge Ilana Rovner wrote that District Judge William C. Lee properly granted summary judgment in favor of the law-enforcement defendants on the basis that Helman’s guilty plea to the resisting charge constituted admission that he reached for his weapon before police fired.

“Helman is left, then, with an argument under § 1983 that the officers violated his Fourth Amendment rights in shooting him when he was reaching for his firearm,” Rovner wrote. “That claim, however, cannot survive summary judgment because such a response is objectively reasonable.”
 

 

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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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