F.4th, 2022 WL 369348

Scott v. Harris does not require court, on the basis of largely consistent story from police and other bystanders that justified police shooting, to disregard deposition testimony of bystander that he initially lied to police during investigation and truth was that officers brutally beat decedent even though he did not resist, that they could easily have handcuffed him, and deadly force was not required; factual issues were for a jury and qualified immunity should have been denied with respect to use of deadly force.

Initial use of force, striking arrestee in back of head with flashlight or similar blunt object, when arrestee was dangerously carrying his kidnapped daughter down middle of road as cars sped by, did not violate clearly established rights; disputed facts precluded summary judgment on whether officer’s conduct during five-minute struggle with arrestee, including multiple uses of stun gun, repeatedly hitting arrestee with flashlight and baton, and kneeing him in head and face, was reasonable.