{"id":8585,"date":"2013-10-11T06:43:09","date_gmt":"2013-04-06T22:19:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-04-06T22:19:25","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8585","title":{"rendered":"CA4: One can’t make a claim from how an entry occurred that happened to lead to a shooting death"},"content":{"rendered":"

Firing a Taser at somebody doesn\u2019t make a constitutional violation without hitting him. The shooting of plaintiff\u2019s decedent during a dynamic entry was entitled to qualified immunity. The planning session before the entry showed that the police considered alternatives. \u201cThe aim of the plan was to surprise and subdue Gandy before he could harm himself or others. There was nothing before the district court to suggest that Sergeant Pittman knew or should have known that the course of action he chose would in fact lead to the use of deadly force against Gandy. In sum, we conclude that this theory was properly rejected at the summary judgment stage.\u201d Gandy v. Robey<\/a>, 520 Fed. Appx. 134 (4th Cir. 2013).* <\/p>\n

[Note: Twice I’ve seen files over SWAT team assaults on buildings. Both were rejected. One led to a near mortal wounding when the sniper’s target shot a hostage when the target wasn’t killed because the bullet deflected going through a window. The other led to the almost new house burning down from a teargas cannister left inside when the police never moved in to clear the house after firing it inside, and they weren’t even sure the suspect was still there. It is almost impossible to make a case against a SWAT Team that is merely negligent, even if they were. In the examples above, the sniper wasn’t negligent. In the second, who ever decided to fire in the teargas cannister, knowing it could burn down the house without intending to go in after it, was negligent. But negligence doesn’t state a \u00a7 1983 claim.]<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8585","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8585","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8585"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8585\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8585"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8585"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8585"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}