In a 42 U.S.C. section 1983 action, arising after defendant, a university police officer, shot plaintiff for walking down her driveway to approach a third party while holding a kitchen knife, and not complying with police orders, the district court's summary judgment in favor of defendant is reversed where: 1) material questions of fact were plainly in dispute; and 2) a rational jury could find that plaintiff had a constitutional right to walk down her driveway holding a knife without being shot.