The panel affirmed the district court’s summary judgmentdenying qualified immunity to sheriff’s deputies anddismissed plaintiff’s cross appeal for lack of jurisdiction inthese actions arising from the shooting by the deputies of anarmed homeowner on his patio.The panel held that drawing all reasonable inferences in plaintiff’s favor, as it was required to do at this interlocutorystage, the specific circumstances did not indicate that thedecedent posed an immediate threat to the safety of theofficers or to others. The panel stated that if the deputiesindeed shot the sixty-four-year-old decedent withoutobjective provocation while he used his walker, with his guntrained on the ground, then a reasonable jury could determinethat they violated the Fourth Amendment. Defendantstherefore were not entitled to qualified immunity.The panel dismissed the cross appeal brought bydecedent’s wife after her counsel conceded at oral argumentthat the cross appeal had not been well taken.Judge Trott concurred in small part and dissented in large part. He disagreed with the majority’s conclusion thatdecedent did not pose an immediate threat to the safety of theofficers called to the scene by decedent’s distraught andterrified wife in a 9-1-1 emergency call, or an immediate
This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.