Sharon Powell, as Executrix of the Estate of William David Powell, et al. v. Jennifer Snook, as Executrix for the Estate of Patrick Snook

Context: This case involves an innocent homeowner who was shot and killed by a sheriff’s deputy after he and other deputies went to the wrong residence (the Powells’ house) because of an imprecise dispatcher’s direction given by the 911 operator. The officers in dark uniforms arrived on the scene in stealth mode in the middle of the night with only minimal lighting from their flashlights. Awakened by their dogs barking and seeing lights outside, Mr. Powell with his wife walking beside him exited the house believing that a prowler was outside. Mr. Powell, a veteran, had a pistol in his right hand. As they slowly exited the house from the garage and onto the driveway, over seventeen seconds passed during which time Mr. Powell’s pistol was pointed down at the ground and no aggressive threats or movements were made by Mr. Powell. Yet, no officers identified themselves, gave any commands, or said anything as the Powells exited the house. Unaware of the officers’ presence, as Mr. Powell stopped in the driveway, he began to raise his right arm when he was shot and killed by Officer Snook. The three questions presented are: 1. When the unconstitutionality of an officer’s conduct is obvious, must the court, in addressing the “clearly established law” prong of a qualified immunity defense under the Fourth Amendment, analyze whether there are reasons, separate and apart from factually analogous precedent, why a reasonable officer could still have “fair notice”