Mesa claims qualified immunity for deadly police standoff

Mesa's city attorney argued in federal court that officers who fatally shot Shawn Gagne in 2023 had no way of knowing he was no longer a threat, even after he placed his rifle on the counter and attempted to surrender following an hourslong standoff. The family's lawsuit says at least eight officers fired multiple volleys through windows and doors, each round roughly 30 seconds apart, after police negotiators had coaxed Gagne to come outside with promises of medical aid.

Gagne had threatened to kill officers and told negotiators he had multiple weapons, ammunition and body armor, after neighbors reported he fired a gun into the air and assaulted his fiancee. The family's attorney argued negotiators failed to relay their progress to officers on scene, allowing the shooting to continue even after Gagne was already struck and reportedly said 'I'm hit, I'm down.'

The judge called it debatable whether negotiators had enough time to intervene further. The family's lawsuit also alleges a broader pattern of excessive force by Mesa police, citing eight other shootings of unarmed people, which the city says lack any connection to a specific policy.

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