141782P.pdf<http://media.ca8.uscourts.gov/opndir/15/03/141782P.pdf> 03/16/2015 Jerry Capps v. David Olson U.S. Court of Appeals Case No: 14-1782 U.S. District Court for the District of South Dakota - Rapid City [PUBLISHED] [Melloy, Author, with Murphy and Benton, Circuit Judges] Civil case - Civil rights. In an action alleging defendant Deputy Olson used excessive force when he shot and killed plaintiffs' decedent, the district court did not err in denying Olson's motion for summary judgment based on qualified immunity as there were outstanding questions of material fact as to whether the decedent was moving toward the officer when he fired the first shot and whether he was armed or in possession of an item the officer could reasonably believe to be a weapon; further, the constitutional right in the case was clearly established as a reasonable officer would have understood that use of deadly force against a fleeing subject who did not pose a significant and immediate threat of serious injury or death to others was not permitted. Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Seminar April 24-27, 2015 - Omni Shoreham, Washington D.C. IMLA's Annual Conference October 3-8, 2015 - The Rio, Las Vegas, NV