United States Ninth Circuit

In a survival action arising from the fatal shooting of an arrestee while he was handcuff in the back of a patrol car, 42 U.S.C. section 1983, summary judgment in favor of the defendant is reversed where the reasonableness of the shooting officer's mistaken belief that her Glock semiautomatic pistol was a Taser M26 stun gun is a material dispute of fact subject to Henry v. Purnell.

Appellate Information

• Decided 08/22/2011
• Published 08/22/2011

Judges

• HAWKINS

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas A. Brill, Bruce D. Praet