By MES Dispatch staff
The Briefing
• A federal appeals court ruled that a Chesterfield County, Virginia, police officer who fatally shot a hatchet-wielding man in 2023 is not entitled to qualified immunity, allowing a lawsuit over the shooting to proceed.
• The U.S. Court of Appeals for the Fourth Circuit affirmed a lower court’s denial of qualified immunity, finding the officer’s use of force could be “unreasonable” under the Fourth Amendment.
• The court cited video and case facts showing the suspect backing away with the hatchet and at least 25 feet from officers when shots were fired.
• The decision clears the way for civil rights claims against the officer to be litigated in court rather than dismissed on immunity grounds.
CHESTERFIELD COUNTY, VA — A federal appeals court has denied qualified immunity to a Chesterfield County Police officer who fatally shot a man during a 2023 encounter, ruling that the officer’s use of force may have been unreasonable under the U.S. Constitution.
The U.S. Court of Appeals for the Fourth Circuit upheld a lower court’s decision denying the officer’s claim to qualified immunity, allowing a civil lawsuit to move forward alleging excessive force in the fatal shooting of Charles Byers.
Body-worn camera footage and case filings showed Byers holding a hatchet and then retreating, with the appeals court noting he was at least 25 feet away and backing away from officers when one fired multiple shots that killed him.
Under the Fourth Amendment, government officials are generally protected from lawsuits unless their conduct violated clearly established law; the court found that, on the record presented, a reasonable jury could conclude the use of deadly force was not justified.
The ruling means the plaintiff’s claims alleging constitutional violations can proceed in federal court, rather than being dismissed at an early stage based on immunity protections.