Moss v. McClain

On July 14, 2023, Kendrick Moss was shot and killed by Officer Daniel McClain of the Fairview Police Department during a traffic stop. The officer claimed Moss reached for a weapon, but no weapon was found. Patricia Moss, the victim's mother, filed a civil rights lawsuit under 42 U.S.C. § 1983, alleging excessive force in violation of the Fourth Amendment. On January 29, 2025, the U.S. Court of Appeals for the Sixth Circuit issued its decision, ruling that Officer McClain was entitled to qualified immunity because the constitutional violation was not clearly established at the time of the incident.

The Sixth Circuit affirmed the district court's summary judgment, holding that Officer McClain did not violate a clearly established constitutional right and was thus entitled to qualified immunity. The civil lawsuit was dismissed.

Whether Officer McClain's use of deadly force was objectively reasonable under the Fourth Amendment, and whether he is shielded from liability by qualified immunity.

The ruling renewed intense public debate over qualified immunity and police accountability, prompting advocacy groups to call for legislative reform at both state and federal levels to limit the doctrine's application in excessive force cases.