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Where officers knew that a man had a shotgun and was suicidal and first saw the man in the dark as he pushed open his apartment door with the gun in his hand, the officers made a split-second decision to apply deadly force when they shot at the man, and any mistake they made was objectively reasonable, so the judgment is reversed and the officers were entitled to qualified immunity.
Credibility
Dissenting opinion by Bye, J.: “The majority fails to consider the evidence in the light most favorable to Parlow and improperly makes credibility determinations.”
Judgment is reversed.
Partlow v. Stadler (MLW No. 67276/Case No. 14-1281 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, District of North Dakota, Erickson, J. (Scott K. Porsborg, Bismarck, North Dakota, argued for appellant; Brian D. Schmidt appeared on the brief) (Tatum O’Brien Lindbo, Fargo, North Dakota, argued for appellee; Timothy M. O’Keeffe appeared on the brief).
Read the full text of this opinion. (PDF)
