Hostage from bank robbery was shot ten times by police; court rejects officer’s motion for summary judgment in which he claimed he did not intend to shoot her and never saw her, “court may not simply accept what may be a self-serving account by the police officer”; plaintiff posed no threat because she had raised her hands in surrender; circumstantial evidence was sufficient to warrant finding officer intended to shoot her: fact that she was repeatedly struck by bullets strong implied she was in his line of sight, it was broad daylight, fact she was struck so often makes it hard to believe she was not being aimed at, she left crashed getaway car on opposite side from robber and testified she ran away from him.
Citation
Actionable Conduct Edition