Weinmann v. McClone

Dist. Ct. did not err in denying defendant-police officer’s motion to dismiss on qualified immunity grounds plaintiffs’ section 1983 action, alleging that defendant used excessive force by shooting plaintiff four times under circumstances, where plaintiff was subject of 911 call from someone claiming that plaintiff was suicidal, and where defendant confronted plaintiff while plaintiff was sitting in his garage with shotgun resting on his lap. Defendant was not entitled to qualified immunity where record showed that plaintiff had presented danger only to himself, and where there was factual dispute as to whether plaintiff ever pointed shotgun at defendant. Moreover, denial of motion to dismiss was proper where, under plaintiff’s view of facts, defendant used excessive force by knocking down garage door and immediately shooting plaintiff, who was neither resisting arrest nor threatening others.