Wesley Pigott, a white man, was driving his two Black children, Mya and K.P., home from a fishing trip, when he noticed he was being followed by an unmarked truck. When Mr. Pigott stopped in a parking lot, the driver of the unmarked truck immediately exited his vehicle, stood beside Mr. Pigott’s car door, and with his gun drawn commanded Mr. Pigott to “Get the [expletive] out of the truck and put your hands up!” Watching from the car, Mr. Pigott’s terrified children noticed that the driver of the truck was wearing a law enforcement uniform. K.P. pleaded “Please don’t shoot my daddy!” and Mya tried ducking to avoid being seen. When Mr. Pigott asked the officer to calm down, he responded by again pointing his gun at Mr. Pigott and telling him: “I am going to blow your head off if you turn around.”

Minutes later, a deputy of the Rapides Parish Sheriff’s Office arrived on the scene, patted down Mr. Pigott, and told him to continue on his way. For months after, Mya and K.P. were scared to sleep alone in their own home, haunted by nightmares and emotional distress from the incident.

This case is just one example of the troubling pattern of law enforcement officers criminalizing children of color. Research has shown that Black children are perceived as less innocent than white children, leading to more frequent stops, prosecutions, and trials as adults. Implicit dehumanization of Black children makes them demonstrably more likely to be victims of police violence. Violent encounters with the police negatively impact mental health, and can trigger symptoms of depression and PTSD, among other pernicious effects. Incidents of perceived racial profiling adversely impact the mental health of people of color, especially among young people like K.P. and Mya.

What is the legal argument in this case?

Under the Fourth Amendment of the U.S. Constitution, police use of force must be reasonable under the totality of the circumstances. Under international human rights legal principles, police use of force must be necessary and proportionate: used as a last resort, only after other measures have been exhausted and only to the extent necessary to counter the resistance or threat, ensuring that the response remains balanced and appropriate to the situation.

This case argues that police use of force against Mya, K.P., and Mr. Pigott was excessive, disproportionate, and unnecessary.

What is the status of the case?

After a district court found that Officer Gintz of the Rapides Parish Sheriff’s Office had qualified immunity for its actions, the case was dismissed. On appeal, the Fifth Circuit Court of Appeals reversed, finding that aiming a gun at unarmed children is excessive force under the Fourth Amendment to the U.S. Constitution. The decision reaffirmed the international human rights legal principle that police use of force must be proportionate to the threat at hand.

The case now remains pending trial in the fall of 2025 following remand from the Fifth Circuit.

December 12, 2024

Fifth Circuit decision,

The Fifth Circuit reversed in part, affirmed in part, and remanded to the District Court.