United States Second Circuit

Judgment for defendant-officer on plaintiff's 1983 action alleging defendant used excessive force in violation of the Fourth Amendment, is vacated and remanded, where: 1) plaintiff's contentions with regard to his negligence claim, the timing of the search, and the weight of the evidence are unavailing; but 2) the district court committed plain error by failing, in the circumstances of this case involving the close-range shooting of a suspect by a law enforcement officer, to instruct the jury that the use of force highly likely to have deadly effects is unreasonable unless the officer had probable cause to believe that the suspect posed a significant threat of death or serious physical injury to the officer or to others.

Appellate Information

• Decided 07/19/2013
• Published 07/19/2013

Judges

• CALABRESI

Court

• United States Second Circuit

Counsel