The Calibre Report: Court Reminder – When You Have Time, Use It Wisely Before Shooting


How a California officer spent his “discretionary time” in handling a subject said to be wielding a knife was the pivotal consideration earlier this year when the 9th Circuit Court of Appeals denied that officer a favorable summary judgment in a shooting case where excessive force was alleged. CLICK HERE FOR FULL ARTICLE.

Reversal. The appellate panel reversed the district judge’s granting of summary judgment for the officer and remanded the case back to the lower court for trial, explaining: “The use of deadly force is only reasonable if a suspect poses a significant threat of death or serious physical injury to the officer or others.” The officer, the panel said, “could have taken more time to evaluate the situation.”

The court also ruled that there was evidence “sufficient to create a triable issue” of supervisory liability for “informal practice or policy” within the officer’s department related to the use of lethal force.

The court’s full decision can be accessed free of charge HERE.


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