Facts

Frank Harper was responding to a 911 hang-up call when he arrived at Donnie Srabian's farm. Harper claimed that Srabian charged out of his house wearing a ski mask and carrying a gun. Harper fired three shots at the man, one of which hit him in the abdomen.

Srabian then sued Harper for excessive force. However, Srabian also faced criminal charges related to the incident. Though he was cleared of two felony gun charges, he was found guilty of a misdemeanor charge of brandishing a gun in a rude or threatening manner.

Srabian claimed he was wearing a knit cap that did not cover his face. Thinking that Harper was a burglar, he was carrying a handgun. When he left the house, he was blinded by Harper's spotlight and could not see the patrol car. Harper did not announce his identity and immediately opened fire. Srabian also claimed excessive force in the manner in which he was moved to meet with ambulance personnel.

Result

The jury ruled in Harper's favor, finding that he did not use excessive force or commit battery and that he was not treated with excessive force in the manner he was moved to meet with ambulance personnel.