Appeals Court: Deputies did not use excessive force in shooting

AUGUSTA - A federal appeals court has ruled that two officers accused of killing an Augusta man after a high-speed chase in February 1998 are entitled to immunity. <br> <br> The 11th U.S. Circuit Court of Appeals also ruled that Richmond County sheriff&#39;s deputies Nicholas Capobiano and Gary Clark Jr. did not use excessive force the night they shot Alfaigo Davis. <br> <br> ``We are certainly pleased with the decision and felt all along it was appropriate resolution,&#39;&#39; city attorney James Ellison said. <br> <br> The Mar. 1 appeals court opinion reversed last year&#39;s decision by U.S. District Judge Dudley H. Bowen Jr. that denied the city&#39;s request to throw out a lawsuit filed by Davis&#39; mother, Patricia Pace. <br> <br> Davis, 29, was shot nine times in his car after officers reported he was fleeing from a traffic stop and almost ran into sheriff&#39;s deputies and a civilian. Capobiano and Clark reported they thought Davis was trying to run them down when they fired. Clark has since left the department. <br> <br> A witness, Willie Hedge, said he thought Davis had his hands up in a gesture of surrender when shot. Judge Bowen had ruled that statement created a legitimate question for a jury&#39;s consideration. The appeals court disagreed. <br> <br> The appeals court also found the officers did not violate Davis&#39; constitutional right through excessive force. <br> <br> An officer is entitled to immunity, ``unless a government agent&#39;s act is so obviously wrong, in the light of pre-existing law, that only a plainly incompetent officer or one who was knowingly violating the law would have done such a thing, the government actor has immunity from suit,&#39;&#39; the appeals court wrote.

http://accesswdun.com/article/2002/3/197479