DispositionMatrix
NES Member
As expected; it's the 4th Circuit.
https://dl.airtable.com/.attachment...ed77bb7cf7/47585f42/WalkervDonahoeOpinion.pdf
https://dl.airtable.com/.attachment...ed77bb7cf7/47585f42/WalkervDonahoeOpinion.pdf
Fourth, Walker was dressed to look like a soldier, in a black sleeveless shirt and
camouflage pants. See Embody v. Ward, 695 F.3d 577, 580-81 (6th Cir. 2012) (concluding
that military-style clothing contributed to reasonable suspicion justifying investigatory
detention of plaintiff while he was openly carrying firearm); Deffert, 111 F. Supp. 3d at
809 (same).
And fifth, Walker was walking rather than driving, suggesting that he might be a
minor and perhaps a student at Teays Valley Christian School. According to Corporal
Donahoe, Walker had a youthful appearance, though Walker contends that he did not have
such an appearance and that there is a genuine issue of material fact as to how old he
looked. In any event, there is no suggestion that Walker appeared older than he actually
was (24 years) or that his age somehow excluded him from reasonable suspicion of being
a prospective school shooter.
Walker is left with the argument that because Corporal Donahoe did not mention
any potential criminal activity related to Teays Valley Christian School during his
investigatory detention of Walker, Donahoe cannot now rely on the existence of reasonable
suspicion that Walker posed a threat to the school. That argument is foreclosed, however,
by the principle that “reasonable suspicion is an objective test” based on “the facts within
the knowledge of” the officer and not the officer’s “subjective beliefs.” See Foreman, 369
F.3d at 781; see also United States v. Branch, 537 F.3d 328, 337 (4th Cir. 2008) (explaining
that “if sufficient objective evidence exists to demonstrate reasonable suspicion,” an
investigatory detention “is justified regardless of a police officer’s subjective intent”).
Here, there is ample objective evidence demonstrating reasonable suspicion