Barbara Ann Brandenburg v. Harry E. Cureton, Lynn Murphy, Calvin Morton, Jr., Appeal of Warren G. Hatfield, Roy Sharp and Mark Wright

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the question of whether a gun was pointed at an officer was a relevant question for a jury determination of excessive force
• denying qualified immunity where there was a dispute of fact regarding whether the suspect was pointing a firearm at officers
• denying summary judgment because it was disputed whether the plaintiff-suspect was pointing his rifle at have been closer to twenty-six feet than three feet. A group of shell casings depict Deputy Baker’s general location (see Doc. No. 64 (Deposition of Brian Landers
• unreasonable to shoot a suspect who previously threatened violence to officers but was not pointing his gun at the officer or others
• “Though [the officer] claims that Mr. Brandenburg had pointed his weapon ‘directly at us,’ presumably proving that he or any officer would have a subjective belief in a threat of serious physical harm, there are facts which might indicate otherwise.”
• “If the jury determines that [the officer] fired on [decedent] without a belief that someone was in danger of serious bodily injury, then as a legal matter no reasonable officer could believe that such gunfire would not violate another’s constitutional rights.”

Source: CourtListener parenthetical corpus (CC0).