F.3d , 2020 WL 5270645

Cantu v. City of Dothan, Ala.

Submitted by Re'Neisha Stevenson on Fri, 10/21/2022 - 08:23

Officer not entitled to summary judgment on use of deadly force without warning where decedent was arrested for minor offense and jury could find decedent posed no threat of serious physical harm or death to officers; resisting arrest alone is not enough to justify use of deadly force; assuming facts in light favorable to plaintiff, shooting decedent without warning who was being arrested for minor offense after he struggled with officers and grabbed at taser to avoid repeated stunning, but never gained control of it, was “‘so obviously at the very core of what the Fourth Amendment prohibit