Zia Trust Co. Ex Rel. Causey v. Montoya

How courts have described this case

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

• holding that an officer violated clearly established law when he used deadly force, in part, because it was not clear from the evidence that the plaintiff “manifested an intent to harm [the officer] or anyone else at the scene”
• holding that an officer violated clearly established law because the record permitted the finding that the officer did “not have probable cause to believe that there was a serious threat of serious physical harm” when he used deadly force
• stating that the “universe of facts” for appellate review of a denial of summary judgment are those facts “explicitly found by the district court, combined with those facts that it likely assumed”
• stating that the \universe of facts” for appellate review of a denial of summary judgment are those facts \explicitly found by the district court, combined with those facts that it likely assumed”
• finding it clearly established that an officer could not shoot a suspect without “a serious threat of physical harm”
• declining to state that officer acted reasonably in shooting driver of van when the van was “obviously stuck on a retaining wall”

Source: CourtListener parenthetical corpus (CC0).