The uncontroverted facts of this case show that at the time he was shot, the decedent was charging at Officer Bledsoe with a large metal object held over his head. The decedent was allowed to get within 8 feet of Officer Bledsoe before he was shot, and there is no question in our mind that the officer properly acted in self-defense and did not use excessive force in firing at the decedent. There are two types of immunity which could apply to a case of this nature. One is qualified immunity and the other is discretionary immunity. We will briefly discuss both theories.
Qualified immunity provides an immunity from suit and from liability.
The trial court held that the officers were immune under discretionary immunity. Discretionary immunity would not apply to an excessive force claim which is based on a negligence theory. Discretionary immunity does not apply to the negligence claim in this case. In this case, the officers were entitled to discretionary immunity from the 1983 claim because the plaintiff was unable to show that any special duty was owed to the decedent. We affirm the trial court's grant of summary judgment in favor of the defendants in this case.