Daniel Hernandez was shot and killed by a LAPD Officer in 2020. Mr. Hernandez was shot 6 times while holding a box cutter. He was about 45 feet from Officer McBride when he was shot twice. Hernandez fell to the ground, but struggled to his feet. He was promptly shot two more times. He did not get up again. As he rolled on the ground, he was shot two more times, including once through the top of his head. Hernandez was walking, not running. He never got closer than 40 feet to the officer. The District Court granted summary judgement for the individual officer on qualified immunity and the 9th Circuit panel affirmed. An unidentified judge requested a vote on a rehearing en banc which the court granted.
Our brief focuses on the flaws of QI and the need for courts to interpret the doctrine's clearly established law standard narrowly.