CA5: Video of police shooting shows it was justified, so QI shown

Parents alleged Fourth Amendment violations under § 1983 in the fatal shooting of their son by a police officer. Based upon a bystander’s video of the incident, a reasonable officer in defendant’s position could have concluded that the son posed a threat of serious harm. On qualified immunity, the officer’s credibility was immaterial because the video offered irrefutable proof that the officer was justified in believing the son presented a threat at the time of the shooting. Thus, the officer was entitled to qualified immunity. Guerra v. Bellino, 2017 U.S. App. LEXIS 10799 (5th Cir. June 19, 2017).

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