{"id":50454,"date":"2021-11-18T08:54:18","date_gmt":"2021-11-18T13:54:18","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50454"},"modified":"2021-11-18T08:54:18","modified_gmt":"2021-11-18T13:54:18","slug":"ca6-shooting-a-man-in-the-back-for-lawfully-carrying-a-gun-doesnt-get-qi-yet-d-ct-bought-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50454","title":{"rendered":"CA6: Shooting a man in the back for lawfully carrying a gun doesn&#8217;t get QI [yet D.Ct. bought it]"},"content":{"rendered":"\n<p>The district court erred by granting the police officer summary judgment as to plaintiff&#8217;s excessive force claim under the Fourth Amendment. Accepting plaintiff&#8217;s account of the incident, the officer violated plaintiff&#8217;s clearly established rights when he shot him six times from behind without warning and without any indication that plaintiff would use his lawfully carried gun to harm officers or others. <a href=\"https:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/21a0517n-06.pdf\">Redrick v. City of Akron<\/a>, 2021 U.S. App. LEXIS 33892 (6th Cir. Nov. 15, 2021)* (This is an example of how brazen a qualified immunity argument can become. \u201cI shot him in the back just because he was lawfully carrying a gun.\u201d)<\/p>\n\n\n\n<p>Officers acted reasonably in tackling plaintiff who was resisting arrest and ignored 13 commands. Finally, he was also Tased when resisting, and that was reasonable, too. <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/pub\/files\/202012393.pdf\">Charles v. Johnson<\/a>, 2021 U.S. App. LEXIS 33957 (11th Cir. Nov. 16, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The district court erred by granting the police officer summary judgment as to plaintiff&#8217;s excessive force claim under the Fourth Amendment. Accepting plaintiff&#8217;s account of the incident, the officer violated plaintiff&#8217;s clearly established rights when he shot him six times &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50454\">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-50454","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\/50454","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=50454"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50454\/revisions"}],"predecessor-version":[{"id":50455,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50454\/revisions\/50455"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50454"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50454"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50454"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}