Affirming denial of summary judgment to officer, court rules that if officer shot suspect while suspect was retreating from his opponent in altercation while holding long gun pointed either at ground or sky, and officer failed to provide warning before shooting, use of deadly force would not be objectively reasonable.
Officers entitled to qualified immunity for shooting suspect who was running toward bystanders with a knife in crowded parking lot, and flow of traffic meant if officers had waited there was a risk of hitting innocent bystanders, officers reasonably believed suspect could kill or seriously injure others.
Officer not liable for shooting where he could not see suspect’s hands but had seen black cylindrical object pressed against his forearm.
Officer entitled to qualified immunity for shooting in the back a fleeing suspect who “raised his right shoulder,” although officer’s partner had already patted suspect down and found no weapon.
Suspect was walking, gun in hand, towards other people and, although he may have put his hands up at some point, he refused to drop the gun when ordered to do so and could have quickly turned it on the officer, thus officer was entitled to qualified immunity.