On May 14, the Tenth Circuit Court of Appeals heard arguments in a civil rights case concerning the death of Terence Crutcher. Mr. Crutcher was unarmed and had his hands raised when he was shot by a Tulsa police officer in 2016. The appeal challenges the dismissal of a lawsuit brought by Mr. Crutcher’s Estate against Officer Betty Shelby and the City of Tulsa.
Representing Mr. Crutcher’s Estate, Karin Portlock from Gibson Dunn argued that Officer Shelby violated Mr. Crutcher’s constitutional right to be free from deadly force. Ms. Portlock pointed out that video evidence shows Mr. Crutcher with his hands up at the time of the shooting, which she claims contravenes established legal precedent against using deadly force on an unarmed individual posing no threat.
The Estate also seeks discovery into alleged unconstitutional practices within the Tulsa Police Department, asserting that systemic issues encouraged excessive force use. The appellate court is being asked to overturn previous rulings and allow the case to proceed to trial.
Ms. Portlock stated: “Terence Crutcher’s killing was gravely unconstitutional. We are honored to represent the Crutcher family in this fight, and trust the Tenth Circuit will remand this case for a trial so that justice can be served.”
Co-counsel Damario Solomon-Simmons added: “Qualified immunity was never meant to grant officers a license to shoot first and answer never, nor to shield a police department whose own training primed that deadly decision.”
The Crutcher family expressed their ongoing pain and commitment: “We relive the pain of Terence’s death every day, but we’ve never stopped fighting for truth and accountability.”
The case stems from an incident on September 16, 2016, where Officer Shelby approached Mr. Crutcher and escalated their encounter quickly leading to his death. Despite being charged with first-degree manslaughter, Officer Shelby was acquitted in May 2017.
Public access to the argument recording is available online.
The legal team representing Mr. Crutcher’s Estate includes New York partners Karin Portlock and Lee Crain along with associates Aiyanna Isom, Julia Ross, Mary Otoo, and former associate Claire Madill.
