CA6: Decedent’s putting gun to head during execution of SW at his house justified deadly force against him

Officers executing a search warrant had the target pull a gun and put it to his head, so one shot him, and he died. There was a factual dispute about whether the officers properly knocked-and-announced before entry, but that’s not material: “Even assuming the agents issued no verbal commands or warnings to Evans, the sudden and immediate nature of the serious threat remains the same. The moment Evans began to unholster the revolver, the agents were faced with a life-threatening situation. It was objectively reasonable for Scown to conclude at that moment that Evans presented a serious physical threat to the agents in the bedroom, given their close proximity and his erratic behavior.” Evans v. United States, 2018 U.S. App. LEXIS 8376 (6th Cir. Apr. 3, 2018).

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