Plaintiff was shot by officer as he attempted to drive away from crash at conclusion of high-speed chase, plaintiff eluded officers and checked himself into a hospital; plaintiff was “seized” although he avoided capture; factual issues existed about whether shooting officer or others were in danger; court denies qualified immunity, concluding “a suspect fleeing in a vehicle, who has not otherwise displayed threatening behavior, has the constitutional right to be free from the use of deadly force when it is no longer reasonable for an officer to believe his or others’ lives are in immediate peril from the suspect’s flight,” court concludes right was clearly established after lengthy review of several cases; excellent critical review of qualified immunity by concurring Judge McKee.
Citation
Actionable Conduct Edition