Sanzone v. Gray

Dist. Ct. erred in denying defendant-police officer’s motion for summary judgment alleging qualified immunity in section 1983 action alleging that defendant used excessive force in shooting plaintiff’s decedent during incident in which decedent threatened to fire warning shot at defendant and other officers and then pointed gun at said officers. While Dist. Ct. concluded that question existed as to whether defendant used greater force than was reasonable because he did not take cover or wait for less-lethal option before shooting decedent, Dist. Ct. should have granted defendant’s summary judgment motion, where record showed that defendant was merely defending himself and other officers once decedent pointed gun at them. Also, Fourth Amendment did not require that defendant seek cover or seek less deadly methods to deal with decedent prior to shooting him under instant circumstances.