Is a police officer entitled to qualified immunity for using deadly force on a suspect who poses no physical threat?
MultiRegion, United States of America
The following excerpt is from Ortega v. San Diego Police Dep't, CASE NO. 13cv87-LAB (JMA) (S.D. Cal. 2014):
be entitled to qualified immunity because "officers of reasonable competence could disagree" whether they may use deadly force on a suspect posing no physical threat. Cf. Malley v. Briggs, 475 U.S. 334, 341 (1986). Rather, the issue is whether Plaintiffs have made out a violation of a constitutional right.
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