F.4th, 2021 WL 5933049

Irvin v. Richardson

Submitted by Re'Neisha Stevenson on Wed, 10/26/2022 - 15:30

Officers did not turn Terry stop into arrest by pointing their guns at subjects and handcuffing them; officers were investigating a disturbance involving a handgun and although they did not observe subjects with a gun, they lacked personal knowledge to rule them out as suspects, nor did they point guns at them for an unreasonably long time; with respect to a later arrest of one of the subjects, court concludes facts were disputed, but if plaintiff was walking away from officers when he shouted an obscenity, officer would not be entitled to qualified immunity as a matter of law.