Domestic Violence by Police Officers by Donald C. Sheehan

The panel held that the facts were such that a reasonable jury could conclude that Vos was not an immediate threat to the officers. The shooting happened while the police were deciding how to handle the situation, and Vos unexpectedly charged the doorway of the store with what appeared to be a weapon raised above his head. The police responded to a call about a man behaving erratically and brandishing a pair of scissors at a 7-Eleven. § 1983 action alleging that police officers used excessive deadly force when they fatally shot Gerritt Vos. Did you know we offer summary newsletters for even more practice areas and jurisdictions? Explore them here.Ĭourt Description: Civil Rights The panel affirmed in part and reversed in part the district court’s summary judgment and remanded in a 42 U.S.C. You already receive new opinion summaries from Ninth Circuit US Court of Appeals. Sign up for free summaries delivered directly to your inbox.

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1983 claim because existing precedent did not clearly establish, beyond debate, that the officers acted unreasonably under the circumstances because a reasonable jury could find that officers violated Vos's Fourth Amendment rights, it was appropriate to remand plaintiffs' conspiracy claims and Monell claims defendants were not entitled to summary adjudication of plaintiffs' claims under the American with Disabilities Act and the Rehabilitation Act and the panel reversed as to the negligence and state law claims.

The Ninth Circuit affirmed in part and reversed in part, holding that the facts were such that a reasonable jury could conclude that Vos was not an immediate threat to the officers, but nonetheless the officers were entitled to qualified immunity on the 42 U.S.C. Vos eventually charged in the officers' direction while holding the scissors above his head and officers shot him. In this case, officers responded to a call about Vos behaving erratically and brandishing a pair of scissors. The district court granted summary judgment for defendants. After Gerritt Vos was shot and killed by police, Vos's parents filed suit alleging federal and state law claims.

Domestic Violence by Police Officers by Donald C. Sheehan