Appeal from the United States District Court
for the Southern District of Ohio at Dayton.
No. 3:18-cv-00082—Thomas M. Rose, District Judge.
Argued: December 4, 2020
Decided and Filed: February 3, 2021
Before: SILER, CLAY, and GRIFFIN, Circuit Judges.
During the early morning hours of October 20, 2017, Jamarco McShann was asleep in the
driver’s seat of a locked, running car with his right hand resting on a pistol in his lap and music
blaring from the car stereo. Just seconds after police officers roused him from his slumber,
McShann stopped complying with their orders that he keep his hands up and away from the gun.
He instead reached down, grabbed the gun, and swung it towards the driver-side door, where two
officers were positioned. Fearing for their safety and that of their fellow officers, Officers Jerry
Knight and John Howard opened fire, shooting and killing McShann. The district court
concluded their use of deadly force was reasonable and therefore granted summary judgment in
their favor on excessive force claims brought by McShann’s estate. We affirm.