In an outrageous opinion, court finds officer entitled to summary judgment; deputy sheriff had fired nineteen shots at Bryant’s car during high speed chase and then rammed Bryant’s car after it left the road, second officer Gillem then approached Bryant lying on ground, Bryant put both hands in the air then placed them on his back, Gillem then put his pistol in his left hand, put his knee on Bryant’s back, reached for the suspect’s hands with his right hand, and fired into Gillem’s shoulder with his firearm in his left hand; court relies on declaration by Texas Ranger expert who was not present that shooting was an accident, credits Gillem’s testimony that firing weapon was an accident and his testimony that his failure to holster his weapon before attempting to secure the suspect, as required by his training, was accidental and he did not realize he had his gun in his hand, and concludes plaintiff had no evidence that shooting was anything but accidental and therefore there was no intentional seizure and no violation of the Fourth Amendment.
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