F.4th, 2021 WL 5905662

Gordon v. Bierenga

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 14:12

Critical question in cases involving use of deadly force during vehicular flight is “whether the officer has ‘reason to believe that the [fleeing] car presents an imminent danger’ to ‘officers and members of the public in the area.’”; deadly force is justified against “a driver who objectively appears ready to drive into an officer or bystander with his car; deadly force is generally not justified “once the car moves away, leaving the officer and bystanders in a position of safety[,]” but an officer may “continue to fire at a fleeing vehicle even when no one is in the vehicle’s direct path