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· 7/10/2012

Estate of David E. Morgan, Jr. v. John Cook

Citations

  • 686 F.3d 494
  • 2012 WL 2742551
  • 2012 U.S. App. LEXIS 14021

How courts have described this case

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

  • highlighting that the officer there drew his pistol, pointed it at the suspect, and repeatedly ordered him to drop the knife
  • determining that the plaintiff “should have been on notice” that the deadly force was about to be used as an officer slowly drew and raised his pistol
  • holding the officer acted reasonably in fatally shooting a man who appeared intoxicated because he approached the officer with a knife and ignored repeated commands to drop the knife
  • finding use of force justified when the officer failed to give warning because the defendant was only a few feet away from the officer
  • finding the use of force justified where plaintiff was carrying a knife and “lift[ing] his foot as if to take a step in the general direction” of an officer, six to twelve feet away
  • “But Morgan’s intoxication does not alter our finding that Cook’s use of deadly force was objectively reasonable.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Loken, Shepherd, Gerrard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.