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· 7/7/2009

Garczynski v. Bradshaw

Citations

  • 573 F.3d 1158
  • 2009 U.S. App. LEXIS 15179
  • 2009 WL 1929191

How courts have described this case

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

  • holding that “[a] ‘mere scintilla’ of evidence is insufficient; the non-moving party must produce substantial evidence in order to defeat a motion for summary judgment.”
  • concluding that refusal to comply with repeated commands to show one’s hands, to drop a cell phone, and then to drop the weapon pointed at the suspect’s own head together justified officers’ “escalation into deadly force”
  • recognizing that less is required for an officer to reasonably perceive an immediate threat when the suspect is armed “with a gun, rather than a knife”
  • holding that, to overcome a summary judgment motion, the non-moving party must produce substantial evidence, which requires more than a “mere scintilla” or “some metaphysical doubt as to the material facts”
  • concluding that the defendant officers reasonably reacted with deadly force to the imminent threat posed by a suicidal man who was ignoring their commands to drop the gun he was holding and to show his hands
  • holding that an officer’s testimony that he did not see a gun from far away with an obscured view did not create a genuine issue of material fact when other officers at the scene stated the suspect brandished a gun

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Birch, Wilson

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.