CA5: Bodycam video showed that this fatal shooting was apparently justified, and that essentially made credibility of the officer irrelevant

In this § 1983 action against a former deputy sheriff, which alleged excessive force in violation of the Fourth Amendment, the factual issues identified by the district court on summary judgment were immaterial in light of undisputed filmed facts of the fatal shooting recorded on video. A reasonable officer in the deputy’s position could have concluded that the decedent posed a threat of serious harm. The deputy’s credibility was immaterial because the video offered irrefutable proof that he was justified in believing that the decedent presented a threat at the time of the shooting. In seeking to identify a violation of clearly established law, in the course of opposing the deputy’s claim of qualified immunity, the plaintiffs applied a standard that was inconsistent with the proper standard of objective reasonableness. Guerra v. Bellino, 2017 U.S. App. LEXIS 14611 (5th Cir. Aug. 8, 2017).

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