Skip to main content
· 12/18/2017

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. DUNIVAN

Citations

  • 2017 OK 101

How courts have described this case

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

  • observing that officers “may have been reasonable in concluding that ‘a man who greets law enforcement with a firearm is likely to pose a deadly threat’” (quoting Cooper v. Sheehan, 735 F.3d 153, 159 (4th Cir. 2013))
  • no qualified immunity where officer forcibly entered home without identifying himself, and shot resident who was holding a firearm pointed down
  • no qualified immunity where officer forcibly entered home without identifying himself, and shot resident who was holding a firearm pointed down
  • “The Fourth Amendment prohibits law enforcement officers from using excessive or unreasonable force in the course of making an arrest or otherwise seizing a person.” (citing Graham v. Connor, 490 U.S. 386, 395 (1989))
  • “[H]ad Betton disobeyed a command given by the officers, such as to drop his weapon or to ‘come out’ with his hands raised, Officer Belue reasonably may have feared for his safety upon observing Betton holding a gun at his side.”

Source: CourtListener parenthetical corpus (CC0).

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.