· 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).
Sourced from CourtListener / Free Law Project (CC0).
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