F.4th, 2023 WL 7974744

Argueta v. Jaradi

Submitted by Re'Neisha Stevenson on Tue, 12/05/2023 - 21:09

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