United States Third Circuit

Reversing the district court's grant of qualified immunity and remanding the case of a state trooper shot and killed by his instructor during firearms training because although the plaintiff only alleged an objective theory of deliberate indifference, which was not clearly established at the time of the shooting, the obviousness of the risk was relevant to proving actual knowledge and the allegations were sufficient to support a reasonable inference, adequately pleading a state-created danger claim.

Appellate Information

• Published 2017/11/28

Judges

• KRAUSE

Court

• United States Third Circuit

Counsel