People v. Gaugh

How courts have described this case

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

• noting that “in this Circuit, a defendant-officer bears the burden to prove that a right was not clearly established”
• finding that a genuine dispute of material fact as to whether the officer was “readily recognizable as a law enforcement officer” precluded summary judgment
• explaining that the presence of a weapon only justifies the use of deadly force if the suspect moves in a manner “signaling to the officer that the suspect intends to use it in a way that imminently threatens the safety of the office or another person.” (emphasis added)
• summarizing Hensley ex rel. North Carolina v. Price, 876 F.3d 573 (4th Cir. 2017); Cooper v. Sheehan, 735 F.3d 153 (4th Cir. 2013); Anderson v. Russell, 247 F.3d 125 (4th Cir. 2001); Sigman v. Town of Chapel Hill, 161 F.3d 782 (4th Cir. 1998
• “Smith: Then shoot me. You got probable cause. Jennings: Yeah, you need to drop that. Smith: Yeah.”
• “[A]n officer does not have to wait until a gun is pointed at the officer before the officer is entitled to take action.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).