Jerome Weinmann v. Patrick McClone

How courts have described this case

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

• concluding that summary judgment is not appropriate where it is disputed how the plaintiff was holding the gun at the time the officer fired at him
• ruling that “[t]he existence of a factual dispute about the circumstances sur- rounding [an officer]’s decision to fire on [the plaintiff’s de- ceased] precludes a ruling on qualified immunity at this point”
• noting that no one told the 911 dispatcher or the responding officer that plaintiff “was going to harm the responding officer”
• recognizing “constitutional right not to be shot on sight if [individual] did not put anyone else in imminent danger or attempt to resist arrest for a serious crime”
• explaining that “[t]he existence of a factual dispute about the circumstances surrounding [an officer]’s decision to fire on [the plaintiff's deceased] precludes a ruling on qualified immunity at this point”
• holding officers used unconstitutional excessive force when they shot suspect who was passively sitting in chair with gun in his lap where suspect did not threaten officers in any manner

Source: CourtListener parenthetical corpus (CC0).