Estate of Kirby v. Duva

How courts have described this case

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

• holding “deadly force cannot be used against an escaping suspect who does not pose an immediate danger to anyone” and denying qualified immun- ity where officer allegedly approached slow-rolling vehicle and fired upon driver
• denying qualified immunity to officer where, under plaintiffs facts, “no one was ever in danger”
• finding significant that the driver “stopped trying” to move and that the car was no longer in a position to endanger motorists or bystanders
• denying qualified immunity on an excessive-force claim and highlighting that an officer unreasonably “placed himself in po- tential danger by moving toward the rolling [car]”
• affirming denial of qualified immunity where, under plaintiffs version of the facts, defendant officers were not in harm’s way “and critically, defendants had sufficient time ... to assess the situation before firing several rounds at” the decedent
• finding jurisdiction over interlocutory appeal where district court denied summary judgment based on qualified immunity because of factual disputes, and defendant argued that even under plaintiff’s version of facts, there was no violation of clearly established law

Source: CourtListener parenthetical corpus (CC0).