Estate of Jonathan Molina v. Kevin Smith CIV No. 1:21-cv-00749-JCH-GBW / Tenth Circuit No. 24-2068 / United States Supreme Court No. 25-472

This case arose from a Complaint filed under 42 U.S.C. § 1983 alleging excessive force following a July 2018 officer-involved shooting on Interstate 25 in Albuquerque, New Mexico. During a traffic stop, the plaintiff decedent physically struggled with a New Mexico State Police officer and shot the officer before the officer returned fire. The Estate alleged that the officer’s use of deadly force violated the Fourth Amendment.

After discovery, Defendant moved for summary judgment on the basis of qualified immunity. The United States District Court granted summary judgment, finding that the officer’s use of force was objectively reasonable under the circumstances. The Estate appealed to the United States Court of Appeals for the Tenth Circuit.

On July 8, 2025, the Tenth Circuit affirmed the District Court’s decision, concluding that the officer was entitled to qualified immunity. After reviewing dashboard camera footage and the undisputed evidence, the Court determined that the decedent posed an immediate threat of death or serious bodily injury after shooting the officer during the encounter. Accordingly, the Court held that no constitutional violation occurred and affirmed summary judgment in favor of the Defendant.

Following the Tenth Circuit’s decision, the Estate filed a Petition for Writ of Certiorari with the United States Supreme Court seeking review of the qualified immunity ruling. On January 12, 2026, the Supreme Court denied the petition, allowing the Tenth Circuit’s decision to stand and bringing the litigation to a final conclusion in favor of the Defendant.