CA9: Accidentally killing the hostage was subject to qualified immunity

Summary by the court: “The panel affirmed the district court’s dismissal of a 42 U.S.C. § 1983 action against the City of Henderson, its police department, and several police officers arising from the shooting death of 12-year-old Joseph Hawatmeh, who officers attempted to rescue from a man who had killed Joseph’s mother and housekeeper, gravely wounded his sister, and was holding him hostage. [¶] The panel held that the officers did not violate Joseph’s Fourth Amendment right to be free of excessive force. The officers did not seize Joseph for Fourth Amendment purposes when they employed control tactics or force in an attempt to rescue him from an active hostage situation. Moreover, even had plaintiffs plausibly alleged a constitutional violation, the officers would be entitled to qualified immunity because Joseph’s right to be free of excessive force during an active hostage situation was not clearly established at the time of the violation.” Hawatmeh v. City of Henderson, 2025 U.S. App. LEXIS 29328 (9th Cir. Nov. 7, 2025). See CNS: Ninth Circuit: Police didn’t violate civil rights of 12-year-old killed in hostage standoff