Fancher v. Barrientos

How courts have described this case

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

• concluding officer lacked justification to believe plaintiff posed a threat of serious harm to the officer or others at the time he fired shots two through seven
• holding a deputy used excessive force against suspect who physically attacked deputy and sought to take his gun when deputy shot suspect after suspect was injured and had no way to flee
• adopting a segmented – or “changed circumstances” – analysis in Fourth Amendment claims alleging multiple uses of excessive force
• applying the clearly established principle that an officer may not use deadly force once the officer can perceive that a suspect no longer poses a threat to himself or others
• finding no qualified immunity for a second round of shots after the officer “was sure that he had hit [the suspect] with the initial shot to the chest because he saw him slump”
• applying a “changed circumstances” analysis to evaluate discrete incidents of excessive force

Source: CourtListener parenthetical corpus (CC0).