F.4th, 2023 WL 5257679

Aleman v. City of Charlotte

Submitted by Re'Neisha Stevenson on Tue, 09/12/2023 - 15:16

Clearly established in 2017 that deadly force against person who called 911 for help, armed with a pistol and in throes of paranoia, would contravene the Fourth Amendment where subject was holding firearm in his hand, ignoring commands to drop the weapon, but standing still in a position of surrender, not firing the weapon or aiming it at any person, and not otherwise making a furtive or threatening movement that would suggest he had an intent to use the weapon to harm the officer or anyone else; citing prior case, court concludes “an officer does not possess the unfettered auth