Krause v. Jones

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U.S. Marshals arrived at Krause’s Redford home on December 12, 2008 with a warrant for Krause’s arrest for felony possession of more than 50 grams of cocaine. When Krause saw the Marshals, he slammed the door shut and ran into a bedroom. The Marshals followed. One entered the bedroom but left when he found Krause standing in the corner pointing a handgun at him. As the others took up positions around the bedroom, they again announced themselves and explained they had a warrant for his arrest. Krause told them he had multiple guns and would kill anyone who tried to enter. A negotiator began talking to Krause from the hallway outside the open bedroom door. They talked for about eight hours. Sometimes Krause yelled and screamed; sometimes he “got very quiet.” Officers brought in Krause’s father and girlfriend to talk to Krause, without success. Eventually, the officers used a “flash bang” device in an effort to stun Krause. In the seconds that followed, Krause fired a shot at the officers; an officer fatally shot Krause in response. In a suit under 42 U.S.C. 1983, the district court granted qualified immunity to the officers. The Sixth Circuit affirmed. The decisions to use a flash bang and to shoot Krause were reasonable, not “reckless,” View "Krause v. Jones" on Justia Law