Federal court revisits officer-involved shooting case

A federal appeals court has ruled that Fairfax County police Sgt. Joshua Moser, who shot and wounded a suspected drug dealer in Seven Corners three years ago, might have violated the suspect’s constitutional rights.

Judge Nicole Berner of the U.S. Court of Appeals for the Fourth Circuit on April 13 vacated a ruling in favor of the officer and remanded the case back to the U.S. District Court for the Eastern District of Virginia.

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After receiving a tip that Jeffrey Payne was dealing drugs, Moser arranged for a controlled drug buy in the Seven Corners Shopping Center parking lot on Aug. 2, 2023.

Before the drug buy could take place, Payne became suspicious and started to drive away. Detectives pursued him in four unmarked cars. Moser directed the detectives to use their vehicles to block Payne’s vehicle, preventing it from leaving the parking lot.

Moser believed Payne was reaching for a gun and shot him in the left arm through the back window of his car. Police later determined that Payne had been unarmed.

Payne alleged that Moser violated his constitutional rights under the Fourth Amendment by using excessive force in arresting him.

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The district court issued a summary judgment in November 2024, finding that Moser’s actions were objectively reasonable as a matter of law.

The appeals court disagreed. The opinion by Judge Berner states: “We are mindful that police officers are sometimes forced to make split-second decisions that can mean the difference between life or death for themselves and their fellow officers. Such considerations cannot, however, excuse the use of excessive force in violation of the Fourth Amendment.”

Berner vacated the summary judgment and remanded the case back to the district court “for further proceedings consistent with this opinion.”