{"id":39174,"date":"2019-08-16T04:51:40","date_gmt":"2019-08-16T09:51:40","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39174"},"modified":"2019-08-16T04:51:40","modified_gmt":"2019-08-16T09:51:40","slug":"ca11-shooting-a-man-with-a-gun-was-close-enough-to-reasonable-under-the-circumstances-for-qi","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39174","title":{"rendered":"CA11: Shooting a man with a gun was close enough to reasonable under the circumstances for QI"},"content":{"rendered":"<p>Officers get qualified immunity for shooting a mentally retarded man they knew of when he was wandering the highway and was reported flashing a handgun at people. When the police encountered him, he wouldn\u2019t show his hands and kept one hand behind his back, as if holding the gun there. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201811695.pdf\">Davis v. Edwards<\/a>, 2019 U.S. App. LEXIS 24176 (11th Cir. Aug. 14, 2019):*<br \/>\n<!--more--><\/p>\n<blockquote><p>Notwithstanding the tragic nature of the shooting, we conclude that it would not have been clear to a reasonable officer that the shooting was unreasonable under the circumstances. Edwards had to act quickly to subdue an unstable and potentially dangerous suspect. We do not view his actions with &#8220;the 20\/20 vision of hindsight.&#8221; Jones v. Fransen, 857 F.3d 843, 852 (11th Cir. 2017) (quotation marks omitted). Thus, because we conclude from the record that Edwards&#8217;s conduct did not violate Stewart&#8217;s clearly established constitutional rights, Edwards is entitled to qualified immunity on plaintiff&#8217;s Fourth Amendment excessive force claim. Moreover, Hardnett and Fenn, who issued no commands and fired no shots, are likewise entitled to qualified immunity on this claim.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Officers get qualified immunity for shooting a mentally retarded man they knew of when he was wandering the highway and was reported flashing a handgun at people. When the police encountered him, he wouldn\u2019t show his hands and kept one &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=39174\">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-39174","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\/39174","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=39174"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39174\/revisions"}],"predecessor-version":[{"id":39175,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39174\/revisions\/39175"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39174"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39174"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39174"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}