Campbell v. Cheatham Co. Sheriff’s Dep’t.

Submitted by Jane Clayton on Mon, 10/24/2022 - 15:34

When officer fired eight shots through closed door of plaintiff’s home, plaintiff was seized within meaning of Fourth Amendment although he was not struck by the shots; this was a show of authority with acquisition of control, a reasonable person would believe he was not free to leave with the officer firing at his house; mere fact that plaintiff said he had a gun and then opened door would not justify using deadly force, but court cannot resolve on summary judgment what officer perceived when plaintiff opened door; under plaintiff’s version of facts, that plaintiff was unarmed when he opened door, officer not entitled to qualified immunity.

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Actionable Conduct Edition