Anthony Momphard, Jr., Individually and in His Official Capacity as a Deputy Sheriff of the Macon County Sheriff's Department, et al. v. Melissa B. Knibbs, as Personal Representative of the Estate of Michael Scott Knibbs

The Fourth Circuit ruled that Deputy Anthony Momphard, Jr., a North Carolina sheriff’s deputy, was not entitled to qualified immunity in a 42 U.S.C. § 1983 suit alleging unconstitutional deadly force. On April 29, 2018, Deputy Momphard responded to a property dispute between Knibbs and his neighbor in rural North Carolina. Deputy Momphard responded alone and arrived on scene around midnight. Deputy Momphard stepped onto Knibbs’ porch, in full police uniform, and announced “sheriff’s office.” In response, Knibbs came to his door and racked a shotgun. Deputy Momphard could not see Knibbs behind the door. Deputy Momphard directed Knibbs to drop his weapon. Knibbs did not respond. Deputy Momphard then moved to his left to try and exit the porch. This caused Deputy Knibbs to pass a window, where he saw Knibbs standing and aiming the shotgun at him (a retained plaintiff’s expert claims that Knibbs aimed the shotgun toward the ceiling). Deputy Momphard made the split-second decision to act and he shot Knibbs, who died from his injuries. The questions are:

1. Whether the Fourth Circuit erred in finding that a reasonable officer in Deputy Momphard’s position would not have perceived a danger that justified lethal force; and

2. Whether the Fourth Circuit erred in defining Knibbs’ constitutional right in a general sense when it stretched cases with superficial similarities (such as cases where a person was shot at home) to find Knibbs’ right had been clearly established.