Goffin v. Ashcraft
Officer entitled to qualified immunity for shooting plaintiff in the back when he moved as though he was reaching into his waistband, where multiple witnesses had told her that suspect was armed, although plaintiff was patted down by another officer just before he fled and that officer removed nothing from him, because no previous case clearly established that a pat down that recovers nothing eliminates an officer’s objectively reasonable belief that suspect was armed and dangerous; court says whether probable cause existed was a legal issue, not a factual one.