Opinion

Jefferson v. Lewis

  • 594 F.3d 454
  • 2010 U.S. App. LEXIS 2348
  • 2010 WL 374741
Court
Court of Appeals for the Sixth Circuit
Filed
Feb 4, 2010
Status
Published
Author
McKEAGUE
On the bench
Martin, Guy, McKeague
Cited by
45 cases

finding that qualified immunity was a question of fact for the jury in light of competing inferences that could be drawn from the facts at issue and their effect on the question of whether an officer’s actions were objectively unreasonable

How later courts described this case

  • finding that qualified immunity was a question of fact for the jury in light of competing inferences that could be drawn from the facts at issue and their effect on the question of whether an officer’s actions were objectively unreasonable
  • noting that courts determining whether an officer’s use of force was reasonable should consider “the ‘information possessed’ by the officer, without regard to the officer's subjective beliefs and without regard to facts not known by the officer at the time of the incident”
  • affirming denial of summary judgment when the plaintiff lived to contradict the police officer’s version of the events before the shooting
  • considering testimony to be sufficient to support inference that discredited officer’s account

Written by the judges who cited it.

The opinion

McKEAGUE, Circuit Judge,

concurring in the result.

I concur in the result reached by Judge Martin. I also join Judge Guy’s concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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