"We said that an officer may use deadly force only to seize a fleeing felon who has committed a violent crime or who presents an immediate danger to the officer or others." Deering v. Reich, 183 F.3d 645, 651 (7th Cir. 1999) Has anyone had a case dealing with the issue of whether an officer can shoot an unarmed fleeing felon who has just committed a violent crime? I've a case in which my officer shot a fleeing subject who had just pointed a loaded weapon at her and then fled. To be a bit more specific, the officer approached the person, he pointed a gun at her, she pointed a gun at him, he threw his gun down, she kept her gun out, she attempted to search him and place him in handcuffs, when she put her hand on his hand to search/arrest him he jerked, she fired one shot - at close range - into his back. I believe that the legal notion underlined above (which cites Tenn v. Garner) entitles the officer to qualified immunity. By the way, pointing a weapon at an officer is considered, based on Eighth Circuit law, a violent crime. Any thoughts? John John L. Wilkerson Staff Attorney Arkanas Municipal League Office: (501) 978-6136 Cell: (501) 554-6315 From: Federal [mailto:federal-bounces@lists.imla.org] On Behalf Of Moses Johnson Sent: Wednesday, November 18, 2015 5:57 PM To: Sean Connolly <Sean.Connolly@sfgov.org>; CThompson@imla.org Cc: federal@lists.imla.org; Flitz, James (j.flitz@cedar-rapids.org) <j.flitz@cedar-rapids.org>; Federal <federal-bounces@lists.imla.org> Subject: Re: [Federal] FW: Alleged excessive force litigation-representing both officer and municipality In the City of Anaheim, California, we also, in almost all cases, represent both the City and the police officers with a signed conflict waiver from the officers at the outset. Never had a problem in over 20 years. Moses Johnson, Asst. City Attorney, Anaheim mjohnson@anaheim.net<mailto:mjohnson@anaheim.net> From: Federal [mailto:federal-bounces@lists.imla.org] On Behalf Of Sean Connolly Sent: Wednesday, November 18, 2015 2:45 PM To: CThompson@imla.org<mailto:CThompson@imla.org> Cc: federal@lists.imla.org<mailto:federal@lists.imla.org>; Flitz, James (j.flitz@cedar-rapids.org<mailto:j.flitz@cedar-rapids.org>); Federal Subject: Re: [Federal] FW: Alleged excessive force litigation-representing both officer and municipality In most cases we represent both, with a signed conflict waiver from the individual officer. Sean F. Connolly Deputy City Attorney This e-mail message and any attachments may contain confidential information that is legally privileged. If you are not the intended recipient(s) or person responsible for delivering it to the intended recipient(s) you are hereby notified that any review, disclosure, copying, distribution or use of any of the information contained herein is strictly prohibited. If you have received this transmission in error, please contact the sender by reply e-mail and destroy the original transmission and any attachments without reading or saving in any manner. From: Chuck Thompson <CThompson@imla.org<mailto:CThompson@imla.org>> To: "federal@lists.imla.org<mailto:federal@lists.imla.org>" <federal@lists.imla.org<mailto:federal@lists.imla.org>>, Cc: "Flitz, James (j.flitz@cedar-rapids.org<mailto:j.flitz@cedar-rapids.org>)" <j.flitz@cedar-rapids.org<mailto:j.flitz@cedar-rapids.org>> Date: 11/18/2015 01:56 PM Subject: [Federal] FW: Alleged excessive force litigation-representing both officer and municipality Sent by: Federal <federal-bounces@lists.imla.org<mailto:federal-bounces@lists.imla.org>> ________________________________ See the request below and if you can help please respond to Jim. Chuck From: Flitz, James H. [mailto:] Sent: Wednesday, November 18, 2015 4:29 PM To: Chuck Thompson Subject: Alleged excessive force litigation-representing both officer and municipality Good afternoon Chuck, I was hoping to see some recent materials on the issue of representing both an officer accused of misconduct, say excessive force, and the municipality. I have searched around the website, which is much better. Thank you. But, I haven't seen anything. Could you ask someone to see if they could pull something quickly and send to me? Thank you. 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