United States Ninth Circuit

Summary judgment denying qualified immunity to defendant sheriff's deputies in actions arising out of the shooting by the deputies of an armed homeowner on his patio, is affirmed, where: 1) the specific circumstances did not indicate that the decedent posed an immediate threat to the safety of the officers or to others; 2) if the deputies indeed shot the sixty-four-year-old decedent without objective provocation while he used his walker, with his gun trained on the ground, then a reasonable jury could determine that they violated the Fourth Amendment; and thus, 3) defendants therefore were not entitled to qualified immunity.

Appellate Information

• Decided 07/30/2013
• Published 07/30/2013

Judges

• O’SCANNLAIN

Court

• United States Ninth Circuit

Counsel