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The U.S. Court of Appeals for the Sixth Circuit recently issued a significant ruling in the case of Jason Green v. Kenny Perkins and Joey Keith, addressing the complex intersection of police use of force, qualified immunity, and rapidly evolving emergency situations. Representing Adair County, the team at ELPO Law led by partner Aaron Smith, successfully defended the deputies involved in this challenging case.

The Incident: A High-Stakes Encounter

In February 2026, the court reviewed an appeal stemming from a tragic incident involving Jason Green. Following a dispute with his parents while under the influence of drugs, Green doused himself in gasoline. 911 dispatchers informed responding Adair County Deputies, Joey Keith, and Kenny Perkins, that Green was “packing a gas can and a lighter” and was spreading gasoline everywhere. Upon arrival, deputies encountered Green in a dark backyard. Believing Green possessed a lighter and posed an immediate threat to himself and others, the deputies deployed their tasers. The taser discharge ignited the gasoline, resulting in severe burns to Green.

The Legal Challenge

Green filed a lawsuit alleging federal Fourth Amendment violations—specifically excessive force, false arrest, and malicious prosecution—alongside several state law claims. The district court initially denied the deputies’ request for qualified immunity, finding that factual disputes regarding whether Green held a lighter were central to the case.

The Sixth Circuit’s Ruling

The Sixth Circuit reversed the district court’s decision regarding the federal claims, granting qualified immunity to the deputies. The court’s reasoning focused on key legal standards explained below:

1. Clearly Established Law: For a federal official to be held liable, the right they violated must be “clearly established”. The court found no existing precedent that would have given the deputies fair warning that using a taser in these specific, “novel” circumstances was unconstitutional.
2. The Perspective of a Reasonable Officer: The court emphasized that police actions must be judged from the perspective of a reasonable officer on the scene, rather than with “the 20/20 vision of hindsight”. Even though no lighter was found at the scene, the deputies’ belief that Green had one—based on 911 reports—was deemed reasonable at the moment.
3. Probable Cause: The court determined the deputies had probable cause for the arrest because Green’s actions (dousing himself in gas while high) met the threshold for “wanton endangerment” under Kentucky law.
4. Malicious Prosecution: Because a grand jury had indicted Green, there was a legal presumption of probable cause that Green failed to overcome.

What Happens Next?

While the federal claims have been dismissed, the Sixth Circuit remanded the state law claims (including assault, battery, and false imprisonment) back to the district court. The lower court must now decide whether to continue hearing these state-level issues or dismiss them following the removal of the federal components of the case.

Read the full opinion here, and learn more about ELPO Law on our website, elpolaw.com.