976 F.3d 986

Tan Lam v. City of Los Banos

Submitted by Re'Neisha Stevenson on Fri, 10/21/2022 - 09:03

Law was clearly established that officer could not shoot person with psychiatric disability in his own home who was incapacitated and no longer posed a threat, even though he had previously been armed: “the suspect’s possession of a weapon at some point in the incident does not provide an officer with carte blanche to use deadly force”; officer’s conduct violated Fourth Amendment but did not “shock the conscience,” thus did not justify substantive due process award to deceased’s father for his liberty interest in the companionship and society of his son.