United States Tenth Circuit

In an action for excessive force brought by family members of a man defendant-officer shot and killed while responding to a domestic disturbance, denial of summary judgment based on qualified immunity is affirmed where the court could not say that a van fifteen feet away, which according to the plaintiffs was clearly stuck on a pile of rocks, gave defendant probable cause to believe that there was a threat of serious physical harm to himself or others that would justify his use of force.

Appellate Information

• Decided 03/09/2010
• Published 03/09/2010

Judges

Court

• United States Tenth Circuit

Counsel