United States Tenth Circuit

In an action claiming that a BATF agent violated plaintiff's Fourth Amendment right to be free from unreasonable seizures when the agent shot plaintiff, the denial of summary judgment based on qualified immunity is reversed where a reasonable officer would have had probable cause to believe that there was a threat of serious physical harm to himself or others in the situation presented.

Appellate Information

• Decided 06/04/2010
• Published 06/04/2010

Judges

• KELLY, Circuit Judge., Before KELLY, EBEL and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Thomas G. Luedke, Assistant United States Attorney (Eric F. Melgren, United States Attorney, and Marietta Parker, Acting United States Attorney, with him on the briefs), Topeka, KS, for Defendant-Appellant., Timothy W. Monsees, of Monsees, Miller, Mayer, Presley & Amick, P .C., Kansas City, MO, for Plaintiff-Appellee.