Summary
**Topics:** Qualified immunity; Excessive deadly force; Fourth Amendment; Clearly established law; 42 U.S.C. § 1983. **Holdings:** The Ninth Circuit affirmed summary judgment for a police officer, holding that the officer was entitled to qualified immunity for fatally shooting a man who advanced toward a domestic violence victim with a drawn knife after ignoring repeated commands to stop. The court found no clearly established law—as of 2015—that such conduct violated the Fourth Amendment, relying on *Kisela v. Hughes* (2018) and distinguishing post-*Kisela* cases as not squarely governing the facts.
Holdings
- Officer Rutledge is entitled to qualified immunity because no clearly established law put her on notice that her use of deadly force was unconstitutional under the circumstances.
Questions Presented
- Whether Officer Rutledge is entitled to qualified immunity from Ventura's Fourth Amendment excessive force claim.
Disposition
affirmed
Cases Cited (12)
- Kisela v. Hughes, 138 S. Ct. 1148 (2018)(followed)
- White v. Pauly, 137 S. Ct. 548 (2017)(followed)
- Ashcroft v. al-Kidd, 563 U.S. 731 (2011)(followed)
- Anderson v. Creighton, 483 U.S. 635 (1987)(followed)
- Mullenix v. Luna, 136 S. Ct. 305 (2015)(followed)
- Thompson v. Rahr, 885 F.3d 582 (9th Cir. 2018)(followed)
- Saucier v. Katz, 533 U.S. 194 (2001)(followed)
- C.F. ex rel. Farnan v. Capistrano Unified Sch. Dist., 654 F.3d 975 (9th Cir. 2011)(followed)
- Glenn v. Washington County, 673 F.3d 864 (9th Cir. 2011)(distinguished)
- George v. Morris, 736 F.3d 829 (9th Cir. 2013)(distinguished)
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Cited In (0)
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