F.3d, 2020 WL 7038287

Bond v. City of Tahlequah, OK

Submitted by Re'Neisha Stevenson on Fri, 10/21/2022 - 10:33

Reversing summary judgment in favor of officers who shot and killed decedent in his ex-wife’s garage; “the totality of the facts to be considered in determining whether the level of force was reasonable includes any immediately connected actions by the officers that escalated a non-lethal situation to a lethal one”; facts taken in light most favorable to plaintiff were that severity of underlying crime (trespass) was low, officers had not intended to arrest decedent initially thus he was not resisting or attempting to evade arrest, defendant was armed with hammer but jury could conclude he