United States Fourth Circuit

Because the plaintiff proffered evidence that a reasonable police officer could not have believed the plaintiff was armed with a weapon, or otherwise posed a threat of serious harm to anyone, at the time police officer shot him, the officer was not entitled to summary judgment on plaintiff's excessive force claim based on qualified immunity.

Appellate Information

• Argued 01/24/2002
• Decided 03/25/2002
• Published 03/25/2002

Judges

• Before MOTZ, KING, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Cynthia Lee Tianti, Assistant County Attorney, Fairfax, Virginia, for Appellant.  Brien Anthony Roche, Johnson & Roche, McLean, Virginia, for Appellee.   ON BRIEF:  David P. Bobzien, County Attorney, Robert Lyndon Howell, Deputy County Attorney, Fairfax, Virginia, for Appellant.