Shelby Hawkins v. Johnny Banks, III

On February 17, 2017, Johnny Banks, and his wife, Vanessa, had a heated argument in their home over an anonymous letter she received accusing him of infidelity. During the argument, Vanessa called

1. Although Vanessa failed to speak to the 911 operator, the operator could hear yelling in the background. The City of Shannon Hills Police Officer, Shelby Hawkins, was dispatched to the Banks’ home to investigate the domestic disturbance and the 911 hang-up call. Officer Hawkins knocked on the front door and announced his presence multiple times, but his knocks went unanswered. Officer Hawkins heard noises and what he described as muffled “nos.” Off. Hawkins pulled his gun and began kicking the door. Banks testified that he said, “who the fuck is this?”, and opened the door, “with a little bit of force” with his arm raised head high. When Banks opened the door, something hit Officer Hawkins on the head, and Officer Hawkins shot Banks in the leg. The questions presented are:

2. Whether the Eighth Circuit wrongly denied qualified immunity to Officer Hawkins by finding the use of force was not reasonable as a matter of law when Officer Hawkins had probable cause to believe there was a threat of serious physical injury or death?