Smith v. Finkley

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 11:59

Factual disputes precluded appeal of qualified immunity issue; question was whether suspect continued to pose threat of serious harm when he was shot; “shooting an unarmed and surrendering suspect who was not actively resisting in the moments before shooting and who posed a diminishing threat would violate clearly established law. Deadly force is warranted only when an immediate threat of serious harm to the officers is present.

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Actionable Conduct Edition