Cunningham v. Shelby Co., Tenn.

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 02:29

Court awards qualified immunity to officers for shooting woman who called 911 and stated she had a gun and would shoot anyone who came to her residence; when police arrived woman came out of her house with BB handgun that resembled a .45 caliber pistol in her right hand, began to raise her hand, walked to her car, leaned on its hood and turned back toward her house; officers began firing when she first began to raise gun and continued until she collapsed after turning toward her house; she had placed gun on hood of car but that was not visible to officers; video was recorded by dashcam; district court had denied qualified immunity based on screen shots from dashcam, but appeals court criticized that as misleading because officers did not have opportunity of leisurely stop-action viewing of real-time situation that unfolded rapidly in eleven seconds.

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Actionable Conduct Edition