Qualified official immunity in Kentucky protects officers unless plaintiffs can show bad faith. This article explains how the 6th Circuit applied that standard in Mitchell v. Conrad after an officer used deadly force during an attempted arrest involving a moving vehicle. The ruling matters for law enforcement because it shows how video evidence, officer intent, and rapidly evolving threats affect civil claims.
Mitchell v. Conrad, 2026 WL 1346300 (6th Cir. 2026)
The 6th Circuit’s recent decision in Mitchell v. Conrad offers an important reminder about qualified immunity and the role that good faith plays in civil litigation involving police use of force.
In Louisville, Kentucky, officers were attempting to arrest D’Juantez Mitchell as a possible suspect in a string of six armed robberies. As officers surrounded Mitchell’s vehicle and repeatedly ordered him to put the car in park and show his hands, the vehicle suddenly moved forward. One officer was struck, and another officer stood in the vehicle’s path. Officer Bryan Arnold fired, fatally wounding Mitchell. Mitchell’s estate later filed suit alleging excessive force and various state-law claims.
“For investigators and officers alike, Mitchell illustrates the continuing importance of documenting perceived threats, articulating decision-making processes, and preserving objective evidence that help explain why force was used when it was.”
The federal constitutional claims were dismissed on qualified immunity grounds, but the trial court allowed the Kentucky state-law claims to proceed. The 6th Circuit Court of Appeals reversed, holding Officer Arnold was entitled to Kentucky’s qualified official immunity because the plaintiffs failed to produce evidence he acted in bad faith.
The court emphasized several important principles. First, an officer’s use of force is generally considered a discretionary act. Police officers are frequently required to make split-second judgments under rapidly evolving circumstances. Those decisions involve personal judgment and discretion, making them the type of conduct protected by qualified official immunity. The court noted that self-defense situations are quintessentially discretionary.
Second, once an officer establishes he was performing a discretionary function within the scope of his authority, the burden shifts to the plaintiff to prove bad faith. Under Kentucky law, good faith is presumed unless evidence shows that the officer acted with a malicious purpose, corrupt motive, or intent to cause harm. Simply arguing that an officer made a mistake is not enough.
The plaintiffs attempted to create a factual dispute by pointing to perceived inconsistencies in the officer’s testimony and eyewitness accounts. The court was unpersuaded. Video evidence showed the suspect’s vehicle moved before the officer fired and that another officer remained in the vehicle’s path. Citing Scott v. Harris (550 U.S. 372 (2007)), the court reiterated that testimony plainly contradicted by video evidence cannot create a genuine factual dispute.
The court also addressed allegations the officer had expressed racist views in his personal life. Former family members described offensive comments and racial slurs allegedly used years earlier. The court acknowledged the allegations but concluded they did not establish bad faith during this particular incident. There was no evidence connecting those past statements to the officer’s decision-making during the shooting itself. The court distinguished cases in which officers made racially charged statements during the encounter, explaining that comments made years before an incident generally do not establish an improper motive during a later use of force.
Although Mitchell v. Conrad arose under Kentucky’s qualified official immunity doctrine, the court’s discussion of good faith has broader significance for law enforcement officers nationwide. Immunity doctrines may vary somewhat from state to state, and the precise legal standards often differ. Nevertheless, courts across the country frequently distinguish between an officer who makes a mistake in a rapidly evolving situation and an officer who acts with malice, dishonesty, or an improper motive.
In Mitchell, the plaintiffs attempted to defeat immunity by pointing to alleged inconsistencies in the officer’s testimony, conflicting witness accounts, and evidence suggesting the officer had expressed racial animus in his personal life. The 6th Circuit concluded none of that evidence created a genuine issue regarding the officer’s motives during the encounter itself. The question was not whether critics could identify inconsistencies or second-guess the officer’s decisions. Rather, the question was whether there was evidence that the officer acted in bad faith or with a malicious purpose when he used force. The court found no such evidence
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The case serves as a useful reminder that courts often evaluate not only what an officer did, but also why the officer did it. Whether the issue involves qualified immunity, state-law official immunity, punitive damages, or claims requiring proof of malicious conduct, evidence of an officer’s intent and motivation can become critically important. For investigators and officers alike, Mitchell illustrates the continuing importance of documenting perceived threats, articulating decision-making processes, and preserving objective evidence such as video recordings that help explain why force was used when it was.
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