Louisiana Personal Injury Lawyer Blog
In a recent Louisiana Court of Appeal decision, a case involving a police shooting during an arrest attempt highlighted the complexities of qualified immunity for law enforcement officers. The case, Marshall v. Sandifer, centered around Ervin Marshall, who was shot by a state trooper while attempting to evade arrest. The court ultimately upheld the trooper’s immunity, but the decision provides important insights into the limits and application of this legal protection.
In 2010, Louisiana State Trooper Jared Sandifer and other officers were attempting to arrest Ervin Marshall on an outstanding warrant. They located him at his girlfriend’s apartment, and after obtaining permission to enter, they conducted a search. Trooper Sandifer found Marshall hiding in a closet. When Marshall made a sudden movement, Trooper Sandifer, fearing for his safety, shot him in the abdomen.
Marshall later sued Trooper Sandifer, the Louisiana State Police, and its superintendent, alleging negligence and excessive force. The defendants claimed immunity under Louisiana law, arguing that Trooper Sandifer’s actions were discretionary and within the scope of his lawful duties.