I am playing catch-up here on a lot of posts. I ruptured two discs in my back. This is after I had back surgery a few years ago and had to retire from being a cop. I am not getting paid atm and I am in constant pain. Have been in the emergency room 3 or 4 times since November. As someone who has been shot at and stabbed and seen years worth of death and carnage, I am absolutely not one bit embarrassed to admit and discuss my issues with PTSD and depression. Due to that and being in tons of pain, I backed out of all social media for some stretches of time. One asshole,
@Joshuaace was even insulting me about the depression non-stop. I knew the right call was to just walk away for a while. I am doing a bit better now both physically and mentally. I get minor surgery in 22 days after getting MRIs, physical therapy, and have been able to be a little active in the gym. This has drastically improved my mental state as well. Still not getting paid and it hurts financially.
Ok, so, shooting someone in the back is covered mainly under two cases under the fourth amendment (any use of force is considered a “seizure” under the 4th amendment to be free from unreasonable searches and seizures). Those two cases (there are others, but these are the biggies) are graham v Connor and Tennessee v garner. Without a giant ass post explaining the graham factors(there are 6-7 depending on who you ask or quantify them) use of force has to be proportional to the threat facing the officers or the general public. This is ALWAYS viewed through the lens of a “reasonable officer” and ALWAYS based upon only the information available to the officer at that very moment and NEVER allowing the use of “20/20 hindsight.” What this means is that if a suspect pulls a bb-gun on an officer and the officer shoots the person dead, you can’t go back and say “it was only a toy!!!!”
TN v garner covers the use of deadly force and came about after cops shot a fleeing felon in the back as he ran away. Due to this case, officers can only shoot a fleeing subject if they are an active and immediate threat to another person/officers/community. You could easily shoot an active shooter in the back if they were fleeing without much of an issue. It won’t affect the idiots protesting, but it should matter when discussing charges against an officer.
You have to keep in mind that these two cases apply when looking at criminal charges against an officer. They do not necessarily stop a lawsuit or prevent a city from settling a lawsuit. Different states also have different laws and different departments have different policies that also may affect how the officer is judged.
As for self-defense involving a civilian, that is entirely dependent upon the state laws. Whether it is a castle doctrine or stand your ground state matters.
Hope this clears this up, at least in terms of police action. Disclosure, I did not read the op yet or read the thread. Don’t know if I will have that chance as I have physical therapy in fifteen mins. I should have time after that, but generally, people ask me for clarification on police issues. That is my area of focus. As for civilians, the state laws govern whether it is self defense or a crime. I know my state codes and know the difference between the murder charges and manslaughters, batteries/assaults type of thing, but don’t know each and every state code or departmental policies, and rarely do I try to look those up for each, individual case.