{"id":29629,"date":"2017-10-09T06:37:31","date_gmt":"2017-10-09T11:37:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29629"},"modified":"2017-10-09T06:37:31","modified_gmt":"2017-10-09T11:37:31","slug":"ca1-qi-for-excessive-force-doesnt-require-a-case-exactly-on-point-garner-is-close-enough-for-a-jury-to-find-liability","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=29629","title":{"rendered":"CA1: QI for excessive force doesn&#8217;t require a case exactly on point; <em>Garner<\/em> is close enough for a jury to find liability"},"content":{"rendered":"<p>The district court denied qualified immunity to an officer who shot the victim in the head with an AR-15 without warning for allegedly brandishing a firearm. The victim had been wandering in and out of his house with a gun in hand, pointed down except once when it was raised overhead and then he was shot. A case exactly in point is not required to make a qualified immunity defense. A jury could reasonably find the excessive force standard of Garner was met by the plaintiff. <a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/17-1378P-01A.pdf\">McKenney v. Mangino<\/a>, 2017 U.S. App. LEXIS 19548 (1st Cir. Oct. 6, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The district court denied qualified immunity to an officer who shot the victim in the head with an AR-15 without warning for allegedly brandishing a firearm. The victim had been wandering in and out of his house with a gun &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=29629\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[52,40],"tags":[],"class_list":["post-29629","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29629","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=29629"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29629\/revisions"}],"predecessor-version":[{"id":29630,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29629\/revisions\/29630"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29629"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29629"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29629"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}