Officer entitled to qualified immunity for shooting and killing armed suspect, pursued only for alleged driving offenses, who, when officers stopped his car, ran in a manner such that his right arm was pressed against his body and could not be seen by officers; court concludes, relying on “furtive gesture” line of cases, that officers could reasonably fear he had a gun and fear for their safety; court concludes it was immaterial whether they could see a gun or whether he made any threatening motions toward them; court holds that whether suspect’s flight posed a risk to officers or public was not an issue of fact, but a question of law for the court and court concludes officers could reasonably conclude there was a threat; dissent by Judge Haynes.
Citation
Actionable Conduct Edition