News Summary
A federal appeals court has determined that Officer Xeng Lor of the Charlotte-Mecklenburg Police Department likely used unconstitutional deadly force during a July 2018 shooting incident at Charlotte Douglas International Airport. The court ruled in favor of Xyavier Calliste, who filed a lawsuit alleging his Fourth Amendment rights were violated. Footage showed that Calliste’s vehicle had passed Lor before the officer fired. The case raises critical questions about police use of force and accountability.
Charlotte – A federal appeals court has ruled that Officer Xeng Lor of the Charlotte-Mecklenburg Police Department likely used unconstitutional deadly force during a shooting incident at Charlotte Douglas International Airport in July 2018. The court’s decision comes after a federal lawsuit was filed by the individual involved, Xyavier Calliste, who alleged that Lor violated his Fourth Amendment rights against unreasonable search and seizure.
The shooting incident occurred during a late night response to a trespassing call. Officer Lor fired two shots at Calliste, then 20 years old, as he was driving away from an unauthorized airport employee parking lot. Body camera footage revealed that Calliste’s car had already passed Lor when the shots were fired, which played a crucial role in the court’s ruling.
In September 2023, Judge Max Cogburn Jr. rejected Lor’s claim for immunity, indicating that any reasonable officer should have known that firing at a vehicle that was no longer in front of them could be considered unconstitutional. This ruling aligns with previous case law, which has established that using deadly force against a fleeing vehicle is typically unconstitutional if the officer is no longer in its trajectory. The appellate judges expressed skepticism regarding Lor’s use of deadly force, emphasizing that the situation warranted a careful review against established legal precedents.
During the appellate proceedings, Lor’s defense claimed that he discharged his weapon because he feared for his life, believing that Calliste’s car was headed towards him at the moment he began firing. However, the judges dismissed this argument, resulting in the conclusion that Lor acted unreasonably by shooting after Calliste’s vehicle had already passed him. The court’s decision resulted in a lack of jurisdiction for Lor’s appeal, further solidifying the ruling against him.
Officer Lor has been with the Charlotte-Mecklenburg Police Department for over 20 years and had never previously used his weapon on duty. Following the incident, he faced internal disciplinary actions that included a month of unpaid leave, a week of remedial training, and a two-week ride-along with a training officer. At the time of the incident, he was earning over $100,000 annually as a patrol officer.
Xyavier Calliste filed his lawsuit in 2021, seeking justice for what he described as a violation of his constitutional rights. His attorney expressed appreciation for the appellate court’s ruling and indicated that they are prepared to continue pursuing justice for Calliste in trial court.
This case highlights the ongoing dialogue about the appropriate use of force by law enforcement officers, especially in high-pressure situations. Legal experts note that the court’s ruling could set significant legal precedents for future cases involving police use of deadly force and constitutional rights. The implications of this ruling extend beyond this individual case, potentially affecting similar instances across the country.
As the matter moves forward to trial court, the decisions made by the appellate court will likely influence the trajectory of the case and further discussions about police conduct and accountability in the community.
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Additional Resources
- Charlotte Observer
- Wikipedia: Police Brutality
- WBTV
- Google Search: Use of Force by Police
- WSOC TV
- Google Scholar: Deadly Force Law Enforcement
- WRAL
- Encyclopedia Britannica: Use of Force
- WCNC
- Google News: Police Shooting Charlotte
