Waller v. City of Fort Worth, Waller v. Hanlon and Waller v. Hoeppner
In the early morning hours of May 28, 2013, Jerry Waller (born October 23, 1940)[1] heard possible trespassers outside his house in a suburban neighborhood of Fort Worth, Texas, United States. When he went outside to investigate, carrying his handgun, he encountered two police officers, one of whom shot and killed him. No criminal charges were brought after the officers were cleared of wrongdoing; while the city was found not to be liable in civil litigation, suits against the officers involved have continued.
The officers, both in their first year on the job, had been responding to a report of a burglar alarm being triggered at a neighboring residence. Due to the poor lighting conditions, they went to the wrong house, Waller's, and did not turn their flashlights on to verify the address as they had walked across the yard of another neighboring house in order to avoid alerting any intruder on the property to their approach. Seeing it was dark, they believed it unoccupied, and patrolled around the perimeter, where they encountered Waller outside the house near the opened garage.
Waller's family has challenged the officers' version of events, noting the two give different accounts of how far away the officer who fired was at the time, and how Waller was holding his gun. The family says Waller was inside the garage when he was shot. They also point to the autopsy report, which shows wounds to Waller's hand that they say are inconsistent with him having a gun in it at the time they were inflicted. Courts have held that it is a genuine question of fact as to whether Waller was armed when fired on; if it were found that he was not, the officers would not be entitled to qualified immunity.[2][3]
^"Jerry Wayne Waller". Fort Worth Star-Telegram. June 2, 2013. Retrieved May 8, 2023 – via legacy.com.
^Waller v. Hanlon, 931 F.3d 590, 599–601 (5th Cir. 2019).
^Waller v. Hoeppner, No. 21-10129, 5th Cir., 2022, unpublished. Accessed May 8, 2023.
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