City police officers responded to a report of
gunshots in Chicago’s Austin neighborhood. While investigating the report, the
officers approached Juan Mendez on the front porch of his home. Mendez
initially did not respond to the officers questions and suddenly fled. A brief
foot chase ensued during which Mendez jumped a fence and ran down an alley. According
to body-worn camera footage of the incident, Mendez held an unidentified object
in his right hand as he was running from the officers. The officers shouted warnings
at Mendez and then fired three shots. Mendez fell to the ground and a gun landed
nearby.

Mendez sued the City of Chicago and the responding officers
alleging excessive use of force, battery, and an indemnification claim against
the City for the actions of the officers. The district court reviewed the
body-camera footage of the event and concluded that a reasonable officer would
have had probable cause to belief that Mendez threatened the safety of the
officers.

Mendez appealed, and the Seventh Circuit upheld the district court’s ruling in favor of the City in Mendez
v. City of Chicago.
First, the Court considered whether the officers had probable cause to believe
that the suspect posed a threat of serious harm to the officers or the public.
If the officers had probable cause, it would be constitutionally reasonable
to prevent escape by using deadly force. Like the district court, the Seventh
Circuit reviewed the video footage and determined that, based on the totality
of the circumstances, the officers had probable cause to believe that Mendez
posed a threat to the safety of others.

The Court also resolved Mendez’s claims for battery and
indemnification. The Court held that because the officers had a reasonable
belief as to the threat of danger posed by Mendez, their conduct did not rise
to the level of willful and wanton, and, as a result, the officers were granted
immunity under the Tort Immunity Act. Because the individual officers were not
liable, Mendez’s claim that the City had a duty to indemnify the actions of the
officers also failed.

Post Authored by Alexis Carter, Ancel Glink