No constitutional violation where officer shot driver of van when officer was standing on running board of vehicle and driver fired ignition and car lurched forward, officer reasonably believed he was at risk of serious physical harm.
Officer investigating report of man with a gun entitled to qualified immunity for shooting and killing man who failed to stop in response to commands, verbally challenged officers, concealed hands in front of waistband and then lifted shirt with left hand and quickly withdrew right hand from waist band; officer could reasonably believe he was reaching for a gun although as it turned out, man was unarmed; court states, “regarding such circumstances, the Fourth Amendment is clear: officers need not wait until they see the gun’s barrel or the knife’s blade before using deadly force to protect
Affirming denial of summary judgment motion of officer, court concludes it had no jurisdiction to contradict facts as found by district court; officer fired at decedent’s van striking only the driver’s side and rear of the vehicle, based on that and other evidence court concluded vehicle posed no immediate threat to officer or others; law was clearly established that use of deadly force when threat to officer was not actual and imminent was constitutionally unreasonable.
In deadly force case, plaintiff moved to suppress statements from witnesses who were unconstitutionally searched and seized; court holds that exclusionary rule does not apply in § 1983 cases.
In factually complicated case, court affirms summary judgment in favor of officer for arresting passenger in vehicle for failing to produce identification during investigation of possible spray painting of public structure; dissent by Judge Willett.