Week of November 29, 2023

Clearly established since at least 2008 that deployment of less-lethal munitions on an unthreatening protester who is neither committing a serious offense nor seeking to flee is unconstitutionally excessive force.

Officer entitled to qualified immunity for shooting and killing armed suspect, pursued only for alleged driving offenses, who, when officers stopped his car, ran in a manner such that his right arm was pressed against his body and could not be seen by officers; court concludes, relying on “furtive gesture” line of cases, that officers could reasonably fear he had a gun and fear for their safety; court concludes it was immaterial whether they could see a gun or whether he made any threatening motions toward them; court holds that whether suspect’s flight posed a risk to officers or public wa

Officers entitled to qualified immunity for shooting and killing suspect in domestic call where suspect, although unarmed and not reaching for a weapon, used aggressive language, ignored an order from officers, and rushed toward officers in small and confined space; dissent by Judge Berzon.